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.
PLD 2013 S.C. 386
0 Comments