2020 YLR 619
The object behind granting a right of cross-examination can only be achieved after affording a fair opportunity to an opposite party, likely to be adversely affected, being on the receiving end in the shape of examination-in-chief from statement so recorded by the court, in all the matters. To adjudge the veracity, credibility and trustworthiness/ truthfulness of the witness enables the court, for relying upon, while deciding the matter before it. The grant of a fair opportunity for cross examining a witness by the adversary has its genesis and roots in the principle of audi alterm partem , duly codified in the shape of Art.10-A of our Constitution. Under the law, unless and until, the accused is offered/granted right of cross examination over a witness who has deposed against him, such a statement will have no evidentiary value and as such shall be inadmissible for acting upon it or for drawing any inference therefrom against the adversary party. There are certain exceptions where examination-in-chief recorded by the court can be read against accused which have been enumerated in Section 512, Cr.P.C., and Articles 46 of the Qanun-e-Shahadat Order, 1984, and evidence of a witness under the aforesaid provision being preserved can be relied upon only.
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It is established principle of law that the recovery is deemed to be a corroborative piece of evidence to the direct evidence and as per dictates of justice whenever direct evidence is disbelieved it would not be safe to maintain conviction on confirmatory evidence.
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