پبلک پراسیکیوٹرصرف چالان کیس میں پراسیکیوشن کا انچارج ھے

2021 P Cr. L J 537

Section 265-A of the Code of Criminal Procedure, 1898 ordains that the public prosecutor shall conduct every trial before a Court of Session initiated upon a police report. Likewise, Section 9(1) of the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006 (the “Prosecution Act”), stipulates that prosecutors appointed thereunder shall be responsible for the conduct of prosecution on behalf of the Government. The words “police report” and “Government” in these provisions are significant as they make a trenchant distinction between State cases and those initiated on private complaints. The public prosecutor is in-charge of only the first category.

As per clause (3) of Article 133 QSO , it‟s purpose is to clear an ambiguity or clarify or explain a matter which has cropped up during crossexamination. The use of the word “shall” in this clause shows that the party who has produced the witness has the absolute right to re-examine him where explanation of an issue is required. However, if something new is desired to be introduced, the counsel should seek leave of the court. In such eventuality the adverse party may further cross-examine the matter.