Cross­-examination---Basic purpose ---Duty of Court---While recording cross-examination, it was fundamental duty of the Trial Court to be vigilant and properly control cross-examination and

 2006 PCr.LJ 1294

ALI ASGHAR vs State

Cross­-examination---Basic purpose ---Duty of Court---While recording cross-examination, it was fundamental duty of the Trial Court to be vigilant and properly control cross-examination and should ensure that witness had understood the question before answering the same---Court should not be in hurry and should give full attention to the witness and questions put to him---Court was expected to see whether question, put to the witness during the course of cross-examination, was relevant or not---Court should not allow to put lengthy and irrelevant questions to witness---While recording statement of witness in a murder case, it was paramount duty of the Trial Court to be well conversant with the facts of the case, because if the Court would not be conversant with the facts of the case, then it would be impossible for it to decide, whether question was relevant or irrelevant and then witness would be totally at the mercy of counsel for defence---Practice of lengthy cross-examination, was plainly designed not for disclosure of truth, but for manipulation of an error---Use of such method must be discouraged---Basic purpose of cross-examination was to assist the court in bringing truth to light by disclosing and clarifying the matters, which witness, could wish to conceal or confuse from the motive of partisanship---Fundamental purpose of cross-examination, was to sort out the truth by disclosing or clarifying the matters---No mathematical procedure was prescribed for cross-examination and it was not necessary that witness should only reply questions according to the wish of counsel for defence---Cross­-examination was a double edged sword and a witness while replying questions, could explain the matter for clarifying questions or dispute---Court was to ensure about the integrity, honour and dignity of witness---Court should also ensure that witness should not be insulted by any counsel while conducting cross-examination and there should be a difference between the witness and accused.