Art. 133---Order of examination---Scope---Examination of a witness by the party who calls him is examination-in-chief---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 re-examination---Article 133 of the Qanun-e-Shahadat, 1984, prescribes the order in which the witness is to be examined which says that the witness shall be first examined-in-chief, then the adverse party, if so desires, cross-examines, and then, if the party calling him, so desires, can get him re-examined---Said provision, therefore, lays down a procedure as to how a witness is 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.
2022 YLR 868
Arts.132 & 133---Cross-examination---Cross-examination of co-defendant---Adverse party---Right of cross-examination--- Scope--- Question before Supreme Court was whether a co-defendant could cross-examine the defendant---Held; no special provision exists in the Qanun-e-Shahadat, 1984, for cross-examination of the co-defendant/co-accused's witnesses, relevant provisions of law are Arts. 132 & 133, which refer to examination-in-chief and cross-examination of witness by the adverse parties---Article 132(2) of Qanun-e-Shahadat, 1984, postulates that examination of a witness by the adverse party is cross-examination---Article 133(1) of Qanun-e-Shahadat, 1984, refers to cross-examination if the adverse party so desires after the witness is first examined in chief---Said two provisions of Qanun-e-Shahadat, 1984, make it clear that a party has a right of cross-examination if it feels adversely affected---As a general rule, evidence is not legally admissible against a party who at the time evidence was given, had no opportunity to cross-examine the witness who recorded such evidence---No evidence should be read against one who was not given opportunity of testing it by cross-examination---Such would be unjust, unfair and unsafe not to allow a co-defendant to cross-examine a witness called by the other co-defendant whose case was adverse to him, thus later have a right to cross-examine those witnesses---If there is no conflict of interest, then such an opportunity needs not to be given---Condition precedent for giving an opportunity to a co-defendant to cross-examine the other co-defendant is that there should exist conflict of interest between them either from the pleadings or during the course of evidence---Once it is demonstrated that their interests are not common or there is a conflict of interest and evidence has been adduced affecting the interest of co-defendant then the Court cannot rely on that evidence without giving the opportunity of cross-examination to the party affected by it---Person against whom the evidence is given should have opportunity to cross-examine the witness, so that ultimately, truth may emerge, on the basis of which the Court can decide the matter.
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