Prosecution in an inquiry or trial

(PLD 2013 S.C. 386)


When any witness is called for the prosecution in an inquiry or trial whose statement has been reduced into writing, the Court shall on the request of the accused refer to such writing and direct that the accused be furnished a copy thereof in order that any part of such statement if duly proved may  be  used  to  contradict  such  witness  in  the  manner  provided  by Article 140 of the Qanun-e-Shahadat. It does not provide anywhere that any part of such statement if duly proved could also be used by the prosecution to contradict such witness. Articles 140 and 151 of Qanun-e-Shahadat, no doubt permit cross examination as to previous statement in writing but these being general in nature cannot be extended to cover a statement recorded under section 161 Cr.P.C, nor can they be taken to override the provision of section 162 of Cr.P.C. in the absence of a non-obstante clause. 

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