Art . 150 --- Declaration of a witness as hostile --- Powers of the Trial Court --- Scope --- Trial Court dismissed an application moved by the petitioner/complainant for declaring one of prosecution witnesses a hostile witness

 PLD 2023 Peshawar 130

Qanun-e-Shahadat Order 1984.

Art . 150 --- Declaration of a witness as hostile --- Powers of the Trial Court --- Scope --- Trial Court dismissed an application moved by the petitioner/complainant for declaring one of prosecution witnesses a hostile witness --- Contention of the petitioner/complainant was that the replies given by the said prosecution witness (police official) to a few questions , having been put to him during his cross - examination , would favour the defence --- Ileld , that the witness could be declared as a hostile witness by the Court under Art . 150 of the Qanun-e-Shahadat Order , 1984 (the Order 1984) , however , the same (Article) had conferred discretion upon the Trial Court in said regard --- Trial Court was to permit the person who had called a witness to put any question to him (witness) , which actually was to be put in cross-examination by the adverse party --- Only controversy , in the present case , was that at what stage of the proceedings said mandate of the Trial Court was to be attracted --- Record revealed that the witness - in - question recorded his examination-in-chief prima facie supporting the version of the prosecution and thereafter the defense started cross-examination of the said witness ; and it was in the middle of his cross-examination when the petitioner/complainant made a request to declare him a hostile witness which request was turned down --- Party could ask the Court to declare a witness as hostile when it was its witness , however , once the witness had completed the process of examination-in-chief and the moment when the opposite party had started cross - examination then such witness did not remain the party's witness ; and thus at such stage (i.e. cross-examination) it could not ask the Court to declare him as a hostile witness --- Party could ask for declaring the witness as hostile when the opposite party had not started the cross-examination but once cross-examination had commenced then such request could not be entertained as after putting the first question in the cross - examination the said witness did not remain the witness of the prosecution/complainant --- Trial Court had rightly turned down the request/application of the petitioner/complainant for declaring the prosecution witness as hostile.