Ishaq vs State Ss — 2026 PCrLJ 71 PESHAWAR-HIGH-COURT

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Ishaq VS State Ss. 302(b), 324 & 34---Qanun-e-Shahadat (10 of 1984), Arts. 136 & 137---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Leading question---Scope---Prosecution question to the complainant as to what was the reason in respect of delay in reporting the matter had been expunged by the Court being leading question---Validity---Record showed that complainant had categorically stated that reason for delay in reporting the matter was non-availability of vehicle and the area being mountainous---Perusal of examination-in-chief of the complainant would reveal that he had categorically deposed about the material facts of the incident such as the mode and manner in which the occurrence had taken place and had directly nominated the respondents-accused for commission of the offence; however, he omitted to explain the delay in reporting the occurrence---Said omission on the part of the complainant did not seem to be deliberate rather was because of his ignorance about the technicalities of the law---Besides, the question asked from complainant did not relate to any material part of the incident---Defence would be given full opportunity of cross-examining the witness during which course he might be confronted with all the questions the defence wished to put to him---Admittedly, decisions about admissibility of the questions during examination of witness were best left to the discretion of the Trial Court---Moreover, it is the Trial Court which firsthand oversees the proceedings, demeanor of the witness, his social and educational standings, context of the question in dispute, and is therefore, best placed to decide them---No settled rule as to admissibility of questions can be provided, as in criminal cases, each case has unique and distinct set of facts---However, Trial Courts are supposed to exercise the discretion judiciously bearing in mind all precedential guidelines of Superior Courts, and considering the significance of substantial justice over and above procedural technicalities---Impugned order was set-aside, in circumstances---Complainant was allowed to answer the question put to him by the Public Prosecutor---Petition was allowed, in circumstances.

Ishaq vs State Ss — 2026 PCrLJ 71 PESHAWAR-HIGH-COURT

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