2021 LHC 443
The examination of a witness by the party who calls him is called examination-in-chief. The examination of a witness by the adverse party is called cross-examination, and the examination of the witness subsequent to the cross-examination by a party is reexamination. Article 133 of the Qanun-e-Shahadat, 1984 prescribes the order in which the witness is to be examined. It says, the witness shall be first examined-in-chief, then if the adverse party so desires, cross-examined, and then, if the party calling him so desires, it can get him re-examined. The aforesaid provision, therefore, lays down a procedure as to how a witness called on behalf of a party is to be dealt with at the trial and the order in which the witness has to be examined by each party (prosecution and accused) during the trial. The term “ already examined” as used in section 540 of the Code of Criminal Procedure, 1898 can be easily construed to mean that a witness stands already examined when the order in which the witness is to be examined prescribed by the Article 133 of the Qanun-e-Shahadat, 1984 has been followed and the examination of the said witness has been completed. The essential requirement is that the witness sought to be recalled and re-examined under the provisions of 540 of the Code of Criminal Procedure, 1898 must have been already examined.
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