| Case ID |
1bb7d6f1-bb28-401c-9464-259e7f30b282 |
| Body |
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| Case Number |
Criminal Revision No. 765 of 2015 |
| Decision Date |
Dec 17, 2015 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the revision petition filed against the order of the Additional Sessions Judge, Faisalabad. The court ruled that the discretion to summon a material witness lies with the trial court under Section 540 of the Criminal Procedure Code. The court emphasized that there is no provision to recall a witness for re-examination unless it serves the interest of justice, and the accused did not justify their failure to cross-examine the witness during the trial. The court upheld the trial court's decision as there were no exceptional circumstances or errors in the impugned order. |
| Summary |
In the case of Criminal Revision No. 765 of 2015, the Lahore High Court addressed the application for the re-examination of a formal witness, Abdul Sattar Constable, under Section 540 of the Criminal Procedure Code. The petitioner contended that the delay in submitting evidence to the Forensic Science Laboratory warranted the need for further examination of the witness. However, the court found that the defense had previously declined the opportunity to cross-examine the witness and ruled that the request to recall the witness was not justified. The court reiterated that Section 540 grants discretion to the trial court to summon witnesses only when necessary for justice. The decision underscores the importance of timely cross-examination during trials and the limitations on recalling witnesses to fill gaps in testimony. This case is significant in emphasizing the judicial principles surrounding witness re-examination, procedural justice, and the integrity of trial processes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MRS. ERUM SAJAD GULL,
MUHAMMAD AWAIS
|
| Lawyers |
Syed Nasir Ali Shah,
Ms. Ummul Banneen,
Muhammad Mohsin Awan
|
| Petitioners |
Syed Nasir Ali Shah,
Ms. Ummul Banneen
|
| Respondents |
THE STATE AND OTHERS,
Muhammad Mohsin Awan
|
| Citations |
2016 SLD 2909,
2016 PLD 533
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
439,
540
|