Muhammad Ramzan vs State S — 2024 PCrLJ 1401 LAHORE-HIGH-COURT-LAHORE

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Muhammad Ramzan VS State S. 376---Criminal Procedure Code (V of 1898), Ss. 561-A & 540---Inherent powers of High Court---Quashing of order---Summoning of witnesses for re-examination---Application of the prosecution for summoning the witnesses for re-examination was allowed---Validity---Petitioner had committed rape with his niece/victim resulting into her pregnancy and subsequent delivery of baby girl, who subsequently expired---Record showed that case was registered on 05.07.2021---Post mortem examination of deceased child was conducted on 21.05.2022 by the Woman Medical Officer, who extracted sample for DNA from spleen---Said sample was submitted on 30.05.2022 for Forensic DNA and Serology Analysis Report---Thereafter, the report of Forensic Science Agency in respect of Forensic DNA and Serology Analysis was issued on 30.09.2022---Despite this clear cut mentioning of the Forensic Science Agency, in respect of recovering of material evidence within 15 days of issuance of first report, the subsequent had been issued after more than one year---It was questionable as to why the report was requisitioned and submitted after such a long period---Statement of Woman Medical Officer was recorded on 18.05.2023 whereby said witness endorsed the report and based her final opinion on the said report and conclusion---Thereafter, on 23.08.2023 and on 08.09.2023, applications under Ss. 540, Cr.P.C., were filed on behalf of Public Prosecutor i.e. after about three months of statement of Woman Medical Officer, such delay raised an eye brow on these applications particularly when the copy of Forensic Science Agency Report in respect of Forensic DNA and Serology Analysis Report (Supplementary-I) had been perused, it seemed that the same was prepared on the basis of already submitted samples and at the specific request of submitting agency after a period of more than one year---Subsequent report was prepared and issued in response to fresh analysis request by the submitting agency bearing letter dated 21.06.2023---While analyzing the dates of examination of Woman Medical Officer, earlier issued report of Forensic Science Agency and of subsequent report, it was clear that the prosecution had recourse to the Forensic Science Agency for issuance of report in respect of question asked by the defence during the cross-examination of Woman Medical Officer---By doing so, it was crystal clear that the prosecution had made an attempt to fill in the lacuna pointed out by the defence during the course of cross-examination---Provisions contained in S.540, Cr.P.C, can be used to find out the truth but cannot be exercised for filling the gaps and lacuna left by either party---Court in exercise of its jurisdiction under provisions of S.540, Cr.P.C., would ensure that by summoning or recalling the Woman Medical Officer would meet the ends of justice but not to give illegal advantage to one party over the other and could not be used as a vehicle of exploitation---Duty of the Court is to administer justice in just and fair manner and not to assume the status of a prosecutor, to put an accused in undue advantage---Petition was allowed by setting aside impugned orders, in circumstance. Citation Name: 2024 PCrLJ 1401 LAHORE-HIGH-COURT-LAHORE Muhammad Ramzan VS State S. 540---Power to summon material witness or examine person present---Scope---Section 540, Cr.P.C, empowers the Court to summon, examine, recall and re-examine any person, if his evidence appears to the said Court essential for the just decision of the case---Court can summon any witness at any stage subject to its satisfaction that the evidence would be a stepping stone for just decision---First part of the said section confers discretion, the second makes obligatory that recalling is essential for the just decision of the case, but, at the same time, there are some factors which restrain the Court from summoning, recalling or re-examining the witness as it should not be meant to fill in lacuna left by any party.

Muhammad Ramzan vs State S — 2024 PCrLJ 1401 LAHORE-HIGH-COURT-LAHORE

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