Contradiction and Corroboration
Article 140 of Qanoon-e-Shahadat Ordinance deals with contradiction
while article 152 deals with corroboration. They both are reproduced
below..
Contradiction
140. Cross-examination as to previous statements in writing. A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.
COMMENTARY
State counsel unauthorized to cross-examine his own witness with leave of Court if witness does not support prosecution during trial. If, however, permission under Art. 140 is not sought and witness was not got declared hostile, Court is bound to give credit to statement of witness and give whatever benefit from evidence of such witness goes to accused. Benefit of such evidence, however, would not be extended to all accused facing trial, but would be extended only to accused in whose favour such evidence has been given. For this reason alone, prosecution case against other accused persons shall not be disbelieved.
Corroboration
152. Questions tending to corroborate evidence of relevant fact admissible. When a witness whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned as to any other circumstances which he observed at or near to the time or place at which such relevant fact occurred if the Court is of opinion that such circumstances, if proved, would corroborate the testimony of the witness as to the relevant fact which he testifies.
Illustration
A, an accomplice, gives an account of robbery in which he took part. He describes various incidents unconnected with the robbery which occurred on his way to and from the place where it was committed.
Independent evidence of these facts may be given in order to corroborate his evidence as to the robbery itself.
Contradiction
140. Cross-examination as to previous statements in writing. A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.
COMMENTARY
State counsel unauthorized to cross-examine his own witness with leave of Court if witness does not support prosecution during trial. If, however, permission under Art. 140 is not sought and witness was not got declared hostile, Court is bound to give credit to statement of witness and give whatever benefit from evidence of such witness goes to accused. Benefit of such evidence, however, would not be extended to all accused facing trial, but would be extended only to accused in whose favour such evidence has been given. For this reason alone, prosecution case against other accused persons shall not be disbelieved.
Corroboration
152. Questions tending to corroborate evidence of relevant fact admissible. When a witness whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned as to any other circumstances which he observed at or near to the time or place at which such relevant fact occurred if the Court is of opinion that such circumstances, if proved, would corroborate the testimony of the witness as to the relevant fact which he testifies.
Illustration
A, an accomplice, gives an account of robbery in which he took part. He describes various incidents unconnected with the robbery which occurred on his way to and from the place where it was committed.
Independent evidence of these facts may be given in order to corroborate his evidence as to the robbery itself.
No comments:
Post a Comment