Criminal trial Evidence Re-Summoning of witness for further cross examination. Disallowed

Salient points

• Criminal trial
• Evidence
• Re-Summoning of witness for further cross examination.
• Disallowed

Code of Criminal Procedure

S. 540---Qanun-e-Shahadat (10 of 1984), Arts. 132 & 133---Penal Code (XLV of 1860), Ss. 324, 337-F(iv) & 452---Further cross examination---Re-summoning of prosecution witness--- On complaint of petitioner case under offences of attempt to Qatl-i-amd, Ghayr-Jaifah Mudihah and house-tresspass, was registered against respondent/ accused---Lower Appellate Court in exercise of revisional jurisdiction re-summoned two prosecution witnesses for further cross examination by respondent/accused---Validity---Purpose of S. 540 Cr.P.C. was to provide jurisdiction to Court to summon a witness or recall a witness for re-examination only for just adjudication of the matter---Recalling of witness for further cross examination was not provided in S. 540, Cr.P.C.---Examination, cross-examination and re-examination of witness was also provided under Arts. 132 & 133 of Qanun-e-Shahadat, 1984---Calling a witness again for cross examination was not permissible under law---High Court set aside order passed by Lower Appellate Court as same was not within the purport of law--- Constitutional petition was allowed, in circumstances

2021 PCrLJ 1558