Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ---S.302(b)----Appreciation of evidence---Site Plan---Site plan is not a substantive document to be used to contradict the ocular account and cannot be given preference over the direct evidence of eye-witnesses. (b) Penal Code (XLV of 1860)--- S. 302(b)----Appreciation of evidence---Conflict in ocular testimony and medical evidence---Eye-witnesses are not supposed to give photo picture of each detail of injuries in such situation, therefore, conflict of ocular account with medical evidence like minor discrepancies relating to the seat of injuries would not negate the direct evidence and would have no adverse effect on the prosecution case. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Principle---Relationship itself is no ground to discard and discredit the testimony of eye-witnesses unless they are shown to be partisan and interested witnesses. (d) Penal Code (XLV of 1860)--- ----S. 302(b)---Appraisal of evidence---Eye-witnesses undoubtedly were related to the deceased, but they being entirely independent and truthful, their testimony was alone sufficient to establish the charge without any other corroborative evidence---Ocular evidence was, however, amply supported by the motive, medical evidence and abscondence of accused---Occurrence had taken place in bright day light at a busy place within the sight of natural witnesses---Accused was named as main assailant in the promptly lodged F.I.R. who had fired at the deceased with a Kalashnikov---Eye­witnesses were truthful and trustworthy---Impugned of High Court convicting and sentencing the accused called for no interference. (e) Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Related witness ---Corroboration--­Evidence of related witnesses who are not found inimical and inspire confidence would hardly need any corroboration. JUDGMENT. MUHAMMAD NAWAZ ARBASI. J.--- The direct appeal under Article 185 (2) (a) of the Constitution of Islamic Republic of Pakistan, 1973, has been preferred against the judgment dated 7-7-2000 passed by the learned Single Judge of the Peshawar High Court. Peshawar, whereby the Criminal Appeal bearing…

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