Section 540 of Cr.P.C. "Re-examination and recalling of a witness". Submission of second report of PFSA. The prosecution cannot be allowed to fill in the lacuna.

This Court in exercise of his jurisdiction under provisions of Section 540 Cr.P.C. shall ensure that by summoning or recalling the PW.8 would meet the ends of justice but not to give illegal advantage to one party over the other and could not be used as a vehicle of exploitation. It is settled principle of law that the duty of the Court is to administer justice in just and fair manner and nevertheless, assume the status of a prosecutor, to put an accused in undue advantage.

This Court is also in agreement with the argument of learned counsel for the petitioner that while exercising powers under section 510 Cr.P.C. the court if considers necessary in the interest of justice, may summon and examine the person by whom report has been made, and in case of any ambiguity in the report seek clarification thereof on the basis of existing report of the Government and to allow the Government analyst to conduct a fresh test or prepare another report, would amount for giving the chance to the prosecution for filling the gaps and lacunas in the report already submitted.

The Court being a neutral arbiter has to dispassionately appreciate, appraise, examine and weigh the evidence placed before it, rather than by ignoring the evidence and embarking on a probing journey. In an adversarial system the role of Judge is that of a neutral empire and Judge has to ensure fair trial between the prosecution and the defense on the basis of evidence before it. The Judge should not enter the arena so as to appear taking sides of either party. The Court cannot allow one of the parties to fill lacunas in their evidence or extend second chance to a party to improve their case for or the quality of evidence tendered by them, any such step would tarnish the objectively and impartiality of the Court, which is hallmark, such favourd intervention, no matter how well-meaning, strikes at the very foundation of a Trial, which cannot be allowed at any cost.

Crl. Revision-Against Interim Orders
352-23
MUHAMMAD RAMZAN VS
STATE ETC
Mr. Justice Sardar Muhammad Sarfraz Dogar
04-12-2023
2023 LHC 6420