| Case ID |
387cb1bb-336c-4692-8272-c695c9812989 |
| Body |
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| Case Number |
Criminal Revision No. 176 of 2007 |
| Decision Date |
Mar 24, 2008 |
| Hearing Date |
|
| Decision |
The High Court dismissed the revision petition filed by Shafiq Ahmad for declaring the complainant, Mst. Neelofar, as a hostile witness. The Court found that the petitioner lacked locus standi, as he was not a legal heir of the deceased, and the public prosecutor did not request to declare the complainant hostile during her examination. The application was also made after a significant delay of three months, which raised doubts about the credibility of the request. The Court emphasized the importance of timely objections in criminal trials to ensure fair proceedings. The Court upheld the trial Court's decision, reinforcing the procedural integrity of the legal system. |
| Summary |
In the case of Criminal Revision No. 176 of 2007, the Peshawar High Court addressed the complexities of declaring a witness as hostile in a criminal trial. The petitioner, Shafiq Ahmad, sought to cross-examine Mst. Neelofar, the widow of the deceased, who had provided inconsistent statements regarding the murder of her husband. The trial Court dismissed the application, citing the lack of locus standi of the petitioner and the delay in filing the request. The High Court affirmed this decision, highlighting the role of the public prosecutor in managing witness credibility and the necessity for timely actions in legal proceedings. The case reinforces the standards for witness examination in Pakistan's criminal justice system, ensuring that procedural fairness and integrity are maintained. Keywords: criminal procedure, hostile witness, Peshawar High Court, legal proceedings, witness credibility, fair trial. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED YAHYA ZAHID GILANI, J
|
| Lawyers |
Alamzeb Khan,
Obaidullah Anwar, A.A.G.,
Javed A. Khan
|
| Petitioners |
Shafiq Ahmad
|
| Respondents |
THE STATE,
|
| Citations |
2008 SLD 434 = 2008 PLD 100
|
| Other Citations |
PLD 1991 AJK 76,
Muhammad Sharif v. Durrivaman PLD 1993 Pesh. 151,
Guru Singh v. State AIR 2001 SC 330,
The State of Bihar, v. Lalu Prasad alias Lalu Prashad Yadav AIR 2002 SC 2432
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
493,
512,
439,
302,
150,
151
|