PLD 2024 Balochistan 123
Art . 150 - Declaration of a witness as hostile --- Powers of the Trial Court --- Scope --- Trial Court dismissed the request of complainant for declaring one of prosecution witnesses as a hostile witness --- Contention of the petitioner / complainant was that the prosecution witness came up with a different version as statedly recorded under S. 161 , Cr.P.C --- Trial Court refused to declare prosecution witness as hostile on the ground that although his statement was on record but since his signatures or thumb impression did not figure on the same , therefore , he could not be declared as hostile , which approach of the Trial Court was contrary to the law and was unjustified , albeit prosecution witness during cross examination categorically replied that on 22.10.2022 he did not make a statement against accused , which meant that he disowned his previous statement recorded under S 161 of Cr.PC against him -- In such situation the prosecution witnesses whose statement had been recorded under S. 161 of Cr PC could be declared as hostile and the prosecution could be allowed to cross - examine its own witness , but the prosecution witness could not be allowed to confront and contradict a witness to his statement recorded under S. 161 of Cr P.C. except those prosecution witnesses , whose statements were substantially proved otherwise such as the complainant , person whose signatures or thumb impression figured on the application for lodging an FIR , or fard - e - bayan signed by him ; recovery witness whose signatures appeared on the recovery memo ( s ) ; and Police Officers who submitted reports under S. 173 of Cr.P.C with their signatures --- Petition was allowed by setting aside the impugned order with the directions to the Trial Court to summon and re - consider the testimony of said witness for declaring him as hostile witness .
Hostile witness--- Scope----- If a prosecution witness , who shows that he is not desirous of telling the truth to the Court or his answers to certain questions are directly in conflict with the evidence of the other witnesses , then for such reasons he will be treated as hostile witness and the Court may in its discretion allow the prosecution to cross - examine such witness .
PLD 2024 Balochistan 123
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