‑‑ Previous statement of a witness ‑‑‑ Underlying objective of Arts. 140 & 15 1, Qanun‑e‑Shahadat,. 1984 with reference to previous statement of a witness stated.

 PLD 1996 Lahore 512

Arts. 140 & 151 ‑‑‑ Previous statement of a witness ‑‑‑ Underlying objective of Arts. 140 & 15 1, Qanun‑e‑Shahadat,. 1984 with reference to previous statement of a witness stated.

The underlying objectives of Article 140, Qanun‑e‑Shahadat 1984, are two‑fold: firstly, that the witness should be given opportunity to explain the inconsistency between statement in Court and his previous statement and secondly, it equips the other side to impeach the veracity of witness by showing that the person was not credible. Article 140, Qanun‑e‑Shahadat, 1984 pertains to cross‑examination. This Article is to be read with Article 151(3) of the Qanun‑e‑Shahadat, 1984. Although, these two Articles cater for different aspects, yet the aims of both are overlapping. Article 151(3),, Qanun‑e‑Shahadat 1984 states that credit of witness may be impeached by proof of former statements which were inconsistent with any part of his statement in Court. The objective of Article 151. Qanun‑e‑Shahadat, 1984 is to demonstrate that the person in the witness‑box is not cerditworthy. Article 151(3)., Qamm‑e Shahadat, 1984, however, does not provide the manner of proof of earlier inconsistent statement, while Article 140 of the Qanun‑e‑Shahadat, 1984 provides such machinery.

Articles 140 and 151(3), Qanun‑e‑Shahadat, 1984 make it evident that a witness, who enters the witness‑box can be cross‑examined as to his previous statement, made by him in writing or reduced into writing by the other side and that witness is to be given opportunity, after seeing the inconsistent statement, to explain the same. This is in all the purport and substance of Article 140, Qanune‑Shahadat, 1984.