Back to Table Of Contents
PART D -- EXPERT WITNESSES
1. Evidence of expert witnesses and instructions re the same.-- Much inconvenience is caused to expert witnesses by the reckless manner in which they are often summoned to give evidence by courts. The following instructions should be borne in mind by presiding officers of courts with regard to this class of witness: -
(a) Care should be taken that when an expert is summoned, his evidence is duly taken and, where possible, completed on the day of his appearance.
(b) Where possible, the expert should be previously consulted in regard to the suitability of the date which it is proposed to fix for his evidence.
(c) Courts should always consider the desirability of avoiding causing inconvenience to experts by taking their evidence on commission in cases where the evidence is such as can suitably be so taken.
2. Evidence of the Chief Inspector of Explosives.-- The Chief Inspector of Explosives to the Federal Government has drawn attention to the fact that the number of summonses he receives for personal appearance before the courts all over the Pakistan interferes with his legitimate duties and he has suggested that it would be of very great assistance if the issue of summonses on him and his inspectors for appearance in Magistrates' Courts could be restricted to the minimum consistent with the requirements of a case. In bringing this to the notice of Provincial Governments, the Central Government have observed that where it is necessary to have the evidence of the Chief Inspector or his subordinates taken in Magistrates' Court which are at a great distance from their headquarters and the cases are such as would normally be committed to the Courts of Session, a great deal of inconvenience may be avoided by having resort to section 503 or section 506, Criminal Procedure Code as the case may be.The Provincial Government of the Punjab have accordingly directed that prosecuting officers should press for taking evidence on commission in suitable cases.This should be borne in mind by Criminal Courts.
3. Evidence of Chemical Examiner or his Assistant.-- Courts are warned to be careful to see before summoning the Chemical Examiner or his Assistant that the evidence of another medical witness whose services are more conveniently procurable will not be sufficient.
4. Fire-arms experts.-- When an application is made for the summoning of a fire-arms expert in a case, the Magistrate should first ascertain from the party-wishing to call him as a witness on what points his evidence is required, and then write a letter to the expert asking him if he is able to give evidence on those points, and whether he wishes to examine any exhibits before giving an opinion. After these preliminaries, if the reply of the expert shows that he is in a position to give relevant evidence, then and not till then, summons should be issued to him to appear as a witness subject to the instructions given in preceding paragraphs.
5. When it is considered necessary to summon the Government Inspector of Railways as an expert witness, reasonable notice should be given to him since the Government Inspector of Railways is charged with the responsibility of carrying out inspections and holding inquiries into serious accidents on the Railways; as far as possible a notice of one month or more should be given and in case a shorter notice is considered necessary, the same should not be of less than three weeks' duration. In order to obvitate delay in arranging his attendance in the courts summons should be served on the Government Inspector of Railways direct, at his official address viz., Headquarters Office, Pakistan Railway, Lahore.
6. Ballistics Expert.-- While giving evidence in Court as Ballistics Expert, the Director, *[Forensic Science Laboratory Punjab], shall give reasons for his conclusions and appear as a witness before the committing Magistrate concerned with all the photographs taken and all the cartidges fired by himself for the purpose of arriving at such conclusions.
The copy or copies of photographs produced by the Ballistics expert, and placed on the record may be inspected by the defence counsel concerned.
LHC - Shahrah-e-Quaid-e-Azam - Lahore - Pakistan
Computer Cell, Lahore High Court.
Comments Or Suggestions to webmaster@lhc.gov.pk
For Further Information: info@lhc.gov.pk