Re-summoning and re-examination of a witness can be allowed to explain any point brought on record through cross-examination and admittedly, in the case in hand, the prosecution wanted to explain the point which has uttered by the witness in examination-in-chief which exercise is not permissible under the law.
There is no provision in the CrPC or the Qanon e Shahadat Order that a witness can be re-called for re-examination about a mistake made by him, while appearing at trial even if it occurred inadvertently. The authors of the law in their wisdom had not added such a provision because that would have amounted to give a licence to the prosecution to request for re-calling any witness for correcting any portion of his statement detriment to the prosecution. Of course, a witness can be re-called if he was not examined on some issue pertaining to the case.
Zahid Hussain Vs. The State etc.
Crl. Revision No 29 of 2020
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