MUHAMMAD ASLAM vs State art — 2024 PCrLJ 808 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ASLAM VS State art. 152---Corroborating evidence of relevant fact---Explanatory questions---Scope---There is no explicit bar to permit such explanatory questions in cross-examination---Corroboration, in order to be of any value, must be on material particulars and facts relied on for corroboration must be established by reliable and independent evidence---Facts must be such as to lend assurance to the crucial issue which is in question. Citation Name: 2024 PCrLJ 808 LAHORE-HIGH-COURT-LAHORE MUHAMMAD ASLAM VS State Ss. 302, 337a(i), 337L(2), 148 & 149---Qanun-e-Shahadat (10 of 1984), arts. 133, 152 & 155---Qatl-i-amd, shajjah-i-khafifah, other hurts and rioting armed with deadly weapons---Cross-examination---Refreshing of memory, procedure of---Defence version---Dispute was with regard to cross-examining Medical Officer with regard to Medico Legal Certificates and Radiologist Report regarding injuries caused to accused persons and showing the documents to refresh his memory---Complainant contended that the Medical Officer appeared as prosecution witness and he could not be cross-examined to facts which were not relied upon by prosecution in its case---Validity---Medical officer under art. 155(1) of Qanun-e-Shahadat, 1984 could see Medico Legal Certificates and as per art. 155(2) of Qanun-e-Shahadat, 1984, also the Radiologist report in the same fashion to refresh his memory for responding to the questions put by accused---after refreshing the memory, Medical Officer can testify for relevant facts connected with circumstances including date, time and place of such medico-legal examination---High Court directed summoning Medical Officer again as prosecution witness, whereupon accused would cross-examine him with respect to facts relating to medico-legal examination of four accused persons including other relevant facts---Pursuant to art. 150 of Qanun-e-Shahadat, 1984, if prosecution would seek permission to ask any question from the Medical Officer, Court could allow or withhold permission as the situation arises---after close of prosecution evidence, accused would tender such Medico Legal Certificates and Radiologist report in his defence evidence---Revision was allowed accordingly.

MUHAMMAD ASLAM vs State art — 2024 PCrLJ 808 LAHORE-HIGH-COURT-LAHORE

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