Prosecuting Witness With Cross Examination Will Be Admitted

As per Lawkidunya, A crucial principle in evidence law! In Pakistan’s legal system, which is based on the common law tradition, the principle is that:

Part of a statement made by a prosecuting witness can be admitted in evidence, even if the witness is cross-examined and contradicted on other parts of their statement.

This principle is based on the idea that a witness’s statement is not an all-or-nothing proposition. Even if a witness is discredited or contradicted on some points, other parts of their statement may still be reliable and admissible as evidence.

Relevant Case Laws:

1. PLD 1965 SC 646: The Supreme Court of Pakistan held that a part of a statement made by a prosecuting witness can be admitted in evidence, even if the witness is cross-examined and contradicted on other parts of their statement.
2. PLD 1978 SC 172: The Supreme Court of Pakistan reiterated that the admissibility of a witness’s statement is not affected by the fact that the witness is cross-examined and contradicted on other points.

Important Considerations:

1. Credibility of the witness: The credibility of the witness and the reliability of their statement are crucial factors in determining the admissibility of their testimony.
2. Relevance of the statement: The statement must be relevant to the facts in issue and must have some probative value.
3. Cross-examination: The witness must be available for cross-examination to test their credibility and the reliability of their statement.