SAMIULLAH vs SPECIAL JUDGE ANTI RAPE/SESSIONS JUDGE, SARIAB DIVISION S — 2023 PLD 46 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PLD 46 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PLD
Parties: SAMIULLAH vs SPECIAL JUDGE ANTI RAPE/SESSIONS JUDGE, SARIAB DIVISION S
Subject matter: Criminal
Provisions referred to: S. 540---P

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAMIULLAH VS SPECIAL JUDGE ANTI RAPE/SESSIONS JUDGE, SARIAB DIVISION S. 540---Power to summon material witness or examine person present---Scope---Section 540, Cr.P.C. deals with three kinds of cases and invests the Court with the power to deal with them---First case is of a person not examined by any party and not present in Court---However, such a person may be summoned by the Court to give evidence, in which case he will be summoned and examined by the Court---Second case is of a person present in Court though he is not summoned as a witness---In this case, also, the Court can examine such a person; and the third case is of a person who has already been examined in Court, and the Court is invested with the power to recall that witness and re-examine him---Such power, however, can be exercised by the Court if the evidence of such a person appears to the Court essential to the just decision of the case.

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