P L D 2020 Sindh 32 Evidence for prosecution—Power of court to summon material witness

Ss. 265-F & 540—Evidence for prosecution—Power of court to summon material witness—Scope— Criminal Procedure Code, 1898, provides only two provisions which deal with examination and production of witnesses i.e. S.265-F and S.540—Section 265-F, Cr.P.C. is absolute prerogative of the parties i.e. prosecution and defence and their discretion to examine, withhold or give-up any witness or document— Such discretion cannot be questioned, but the court can competently consider the consequences thereof— Section 540, Cr.P.C. is an exception—Normally, the exception to call a witness as a court-witness would be available in certain situations where witness could not be otherwise brought before the court else the prerogative, provided by S.265-F, Cr.P.C., shall stand prejudiced.

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