Cross Examination

2024  PCrLJ  808

MUHAMMAD ASLAM vs State--

Cross-examination---Refreshing of memory, procedure of---Defence version---Dispute was with regard to cross-examining Medical Officer with regard to Medico Legal Certificates and Radiologist Report regarding injuries caused to accused persons and showing the documents to refresh his memory---Complainant contended that the Medical Officer appeared as prosecution witness and he could not be cross-examined to facts which were not relied upon by prosecution in its case---Validity---Medical officer under Art. 155(1) of Qanun-e-Shahadat, 1984 could see Medico Legal Certificates and as per Art. 155(2) of Qanun-e-Shahadat, 1984, also the Radiologist report in the same fashion to refresh his memory for responding to the questions put by accused---After refreshing the memory, Medical Officer can testify for relevant facts connected with circumstances including date, time and place of such medico-legal examination---High Court directed summoning Medical Officer again as prosecution witness, whereupon accused would cross-examine him with respect to facts relating to medico-legal examination of four accused persons including other relevant facts---Pursuant to Art. 150 of Qanun-e-Shahadat, 1984, if prosecution would seek permission to ask any question from the Medical Officer, Court could allow or withhold permission as the situation arises---After close of prosecution evidence, accused would tender such Medico Legal Certificates and Radiologist report in his defence evidence-