Hostile Witness

        

            Hostile Witness

PLJ 2019 Cr.C. 1109

[Lahore High Court, Multan Bench]

Criminal Procedure Code, 1898 (V of 1898)--

---Ss. 435/439--Revision petition--Declaring Investigation officer as hostile witness who declared accused as innocent in investigation--Right of cross-examination on his own witness--Duty of the Investigation officer--Trial Court has declined to accept the prayer of his counsel for declaring S.I/I.O., hostile, who is Investigating Officer in the case and was examined by prosecution as PW--I.O. on the basis of evidence collected during investigation, declared accused as not involved in the case--I.O. verified the entire proceedings of investigation, conducted by him, from the beginning to the stage of his recommendations in favour of accused, declaring him innocent--The said investigation was never challenged by the complainant before any forum so much so the prosecution itself summoned the said witness to appear as PW--I.O. only recounted that facts which he came to know of during the investigation and did not add a single word to that in examination-in-chief recorded in the trial Court. Whatever the investigation was carried out by him before submitting the challan in the Court that has been relied by the complainant--It is the job of the trial Court to evaluate its relevancy and admissibility--There is no impropriety, illegality or jurisdictional error in the order passed by the trial Court--Petition is dismissed.

Qanun-e-Shahadat Order, 1984 (10 of 1984)--

----Art. 150--Hostile Witness--The word ‘hostile’ does not figure anywhere in any Article of the Qanun-e-Shahadat Order, 1984 but it has been introduced in the judicial precedents, while interpreting Section 154 of the Evidence Act of 1872 and Article 150 of the Qanun-e-Shahadat Order, 1984--The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might he put in cross examination by the adverse party--It is decision of the Court to permit the party who calls a witness to put any question to him and it is not the right of that party. This discretion is to be exercised with due caution and attention keeping in view the interests of both the parties--Normally a witness who becomes hostile or antagonistic to the party who produced him for recording evidence in his support, is allowed to be cross examined to impeach the credit of the witness by evidence of the kind mentioned in Article 151 of the Qanun-e-Shahadat Order, 1984.                 

   Qanun-e-Shahadat Order, 1984 (10 of 1984)

------Art. 150--In order to make entitle a party to invoke Article 150 of the Qanun-e-Shahadat Order, 1984, it is necessary to establish that the witness is guilty of equivocation, or that he is varying in his statement, or trying to suppress the truth or that he bears animosity towards the party who calls him. In the absence of any act on the part of the witness of the above nature, a party is not entitled to cross-examine his witness to impeach his credit.       

Hostile Witness--

----A witness who is unfavourable is not necessarily hostile, for a hostile witness is one who from the manner in which he gives his evidence, shows that he is not desirous of telling the truth to the Court; that the witness’s answer to certain question is in direct conflict with evidence of other witnesses and is not and can never be a reason for allowing the witness to be treated as hostile and permitted to be cross- examined. 

               1984 SCMR 560 ref.

                 

               Investigation--

----Provisions of Sections 157, 160 and 161 and other Sections of the Code of Criminal Procedure, 1898, dealing with investigation had provided mechanism of check and balance so that fair and impartial investigation is conducted within framework of said provisions.