P L D 2019 Lahore 594
Hostile witness---Scope---Appellant assailed order of Trial Court whereby it had allowed the application of the prosecution to re-call, re-summon and examine one of its witnesses---Validity---Trial Court had exercised its jurisdiction improperly and had given no plausible and balanced reasons for exercise of the same---Such discretion had to be exercised with due care and attention keeping in view the interests of both parties so that no one was prejudiced from the order of the court---In order to invoke Art. 150 of Qanun-e-Shahadat, 1984, it was necessary to establish that witness was guilty of equivocation or that he was varying in his statement or trying to suppress the truth or that he bore animosity towards the party who called him---Appeal was allowed and order passed by the Trial Court was set aside.
Hostile witness---Scope---Witness who is unfavourable is not necessarily hostile, for a hostile witness is one who from the manner in which he gives evidence, shows that he is not desirous of telling the truth to the court; that the witness's answer to certain question is in direct conflict with evidence of the other witnesses, is not and can never be a reason for allowing the witness to be treated as hostile and permitted to be cross-examined.
Duty of Trial Court---Scope---Whole purpose of holding a trial is the discovery of truth---Trial Court was to remain conscious of the fact that during the trial the pursuit of truth should be paramount and had not lost sight of the truth due to any inaction on the part of any of the parties.
(d) Criminal trial---
----Witness---Status of witnesses are placed on high pedestal and are 'engines and machines/essential tools', without whose assistance and evidence the court would be unable to do justice or to reach at a correct conclusion.
P L D 2019 Lahore 594
Hostile witness---Scope---Appellant assailed order of Trial Court whereby it had allowed the application of the prosecution to re-call, re-summon and examine one of its witnesses---Validity---Trial Court had exercised its jurisdiction improperly and had given no plausible and balanced reasons for exercise of the same---Such discretion had to be exercised with due care and attention keeping in view the interests of both parties so that no one was prejudiced from the order of the court---In order to invoke Art. 150 of Qanun-e-Shahadat, 1984, it was necessary to establish that witness was guilty of equivocation or that he was varying in his statement or trying to suppress the truth or that he bore animosity towards the party who called him---Appeal was allowed and order passed by the Trial Court was set aside.
Hostile witness---Scope---Witness who is unfavourable is not necessarily hostile, for a hostile witness is one who from the manner in which he gives evidence, shows that he is not desirous of telling the truth to the court; that the witness's answer to certain question is in direct conflict with evidence of the other witnesses, is not and can never be a reason for allowing the witness to be treated as hostile and permitted to be cross-examined.
Duty of Trial Court---Scope---Whole purpose of holding a trial is the discovery of truth---Trial Court was to remain conscious of the fact that during the trial the pursuit of truth should be paramount and had not lost sight of the truth due to any inaction on the part of any of the parties.
(d) Criminal trial---
----Witness---Status of witnesses are placed on high pedestal and are 'engines and machines/essential tools', without whose assistance and evidence the court would be unable to do justice or to reach at a correct conclusion.
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