Muhammad Ijaz vs State Ss — 2025 PCrLJ 644 PESHAWAR-HIGH-COURT

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

Muhammad Ijaz VS State Ss. 435 & 439---Qanun-e-Shahadat (10 of 1984), Arts. 150 & 151---Hostile witness---Scope---Discretion of Court---Application of the petitioners to declare the defence witnesses as hostile witnesses was declined---Validity---Petitioners moved an application under S.540, Cr.P.C for summoning the defence witnesses, which was allowed, resultantly, they appeared as DWs 3 to 4---However, during recording of examination in chief of said witnesses, defence counsel requested the Trial Court to declare them as hostile, but his request was turned down---In a situation, where at the time of recording evidence, the integrity of a witness was shaken up to such an extent that he was causing damage to the case of the party, who produced him, then, in such eventuality, the provisions of S.150 of the Qanun-e-Shahadat O.1984, would come into play, according to which, the Court may, in its discretion, permit the person who called a witness to put any questions to him which might be put in cross-examination by the adverse party---It was true that the provisions of the Article conferred powers on Court to permit a party who called a witness to put any question, which may be put in cross-examination, but it was equally true that such discretion must be exercised with due care, keeping in view the interests of both the parties so that no one would be prejudiced from the order of the Court---Statements of the DWs were perused and according to their statements, though, they had signed/thumb impressed the affidavits, however, they did not read its contents---Nothing was observed in their statement that either they had made any deviation from their earlier statements or attempted to conceal material facts as the record told that during investigation of the case one of the petitioners submitted an application to the District Police Officer concerned, which was marked to Police Officer/witness---Said witness during cross-examination stated that during inquiry, the accused party produced three witnesses in defence and they submitted their affidavits, which he placed on record---Said witness further admitted that the statements of the said deponents were not recorded by him under S.161, Cr.P.C as they (deponents) were not ready to record their statements, and when their statements were not recorded previously, then how they could be declared hostile on the ground that they were telling a lie or concealing material facts---In view of the facts and circumstances of the case, the discretion exercised by the Trial Court was in accordance with law which needed no inteference by the High Court---Petition being without merit was dismissed, in circumstances. Citation Name: 2025 PCrLJ 644 PESHAWAR-HIGH-COURTBookmark this Case Muhammad Ijaz VS State art.150---'Hostile witness' and 'unfavourable witness'---Distinction---Hostile witness is the one who, from the manner in which he gives his evidence, shows that he is not telling the truth and resiles from his earlier statement in order to damage the case of the calling party---While an unfavourable witness is one who, without any hostile intention, gives evidence which is contrary to the interest of the party.

Muhammad Ijaz vs State Ss — 2025 PCrLJ 644 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2025 PCRLJ