Case Details

Citation(s)
2007 SLG 3293 2007 SLD 3293 2007 PLJ 284
Supreme Court of Pakistan
Jail Petitions Nos. 48 & 85 of 2004, decided on 1.11.2006
ABDUL HAMID DOGAR, MUHAMMAD NAWAZ ABBASI & SAIYED SAEED ASHHAD, JJ.
Sardar M. Latif Khan Khosa, ASC Sh. Muhammad Siddique Khan, ASC and Mr. Tanvir Ahmed, AOR (absent) for Petitioners (in both cases). Mr. Aftab Farrukh, Sr. ASC for Complainant (in both cases). Mr. Dil Muhammad Tarar, ASC for State (in both cases).

MUHAMMAD SULEMAN and others

VS

STATE--Respondent

Law:

Section:

Administration of Justice-- ----Rule of independent corroboration is a rule of abundant caution which is followed in the interest of safe criminal administration of justice and is not mandatory rule of law to be necessarily applied in each case. [P. 290] C Hostile Witness-- ----Testimony of witnesses--Appreciation of evidence--Validity--Testimony of hostile witness or a witness, who was not examined being won over was either produced by defence or was examined as Court witness must not be left out of consideration for mere reason that had not support the prosecution rather evidence of such witness must be considered with utmost care and caution--Testimony of a witness who speaks in different tune at different times is certainly not reliable unless strong confirmatory evidence of independent character is available on record. [P. 289 & 290] A Interested Witness-- ----Independent corroboration--Safe testimony of interested witness without independent corroboration may not be confidence inspiring to be relied upon for conviction. [P. 290] B Ocular Account-- ----Appreciation of evidence--Ocular account furnished by natural witnesses of occurrence held the accused guilty--Held: Concurrent findings of guilt of accused was not suffering from any legal or factual infirmity. [P. 290] D Injured Witness-- ----An injured witness who has not supported the prosecution, there was no other reliable evidence on record to establish the charge, has no substance. [P. 290] E Natural Witnesses-- ----Credibility of evidence--Appreciation of evidence--Deposition of natural witnesses, seeking ample support from crime recovery from the spot--Medical evidence--The motive for the occurrence found reliable & confidence inspiring--Minor discrepancies and infirmities in evidence pointed out by counsel would have no material effect on credibility of evidence. [P. 290] F Criminal Procedure Code, 1898 (V of 1898)-- ----S. 161--Pakistan Penal Code (XLV of 1860), Ss. 302(b), 324, 109, 392, 34 & 148--Constitution of Pakistan, 1973, Arts. 185(3)--Dying declaration--Statement of deceased u/S. 161 Cr.P.C. at the time when he was facing struggle for life and even such statement of deceased…
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