Law:

Section:

(a) Penal Code (XLV of 1860) --------- ----------S. 302 --------- Qanun-e-Shahadat (10 of 1984), Art. 150 --------- Qatl-i-amd --------- Hostile witness, testimony of --------- Scope --------- Witness who had been declared hostile would not become unreliable and his testimony could not be brushed aside provided same was found to be credible, however since a hostile witness spoke in different voices, therefore deposition of such witness had to be evaluated with great care and caution and utmost attempt was to be made to get independent corroboration thereof from surrounding circumstances of the case --------- FIR stated that complainant was hit by accused with a brick on his head but on record there was no evidence which showed any injury on person of complainant despite the fact that Trial Court had afforded an opportunity to the prosecution to locate injury sheet of complainant but nothing was produced before court to such effect --------- Medical evidence of deceased also did not corroborate the evidence of hostile witness and prosecution had sought corroboration from recovery of crime pistol and empty shell fired from it but such recoveries hardly advanced prosecution case as not only pistol was recovered from a joint kitchen but independent marginal witness was abandoned for being unnecessary --------- Place wherefrom crime pistol was recovered was doubtful as in site plan of main case under S.302, P.P.C., kitchen had been shown situated towards eastern side of house where occurrence had taken place, whereas in the site plan prepared pursuant to recovery, said kitchen had been shown situated towards western side of house, so recoveries of pistol was of no help to prosecution --------- Impugned of conviction was set aside and accused was acquitted of the charge --------- Appeal was allowed, accordingly. (b) Criminal trial --------- ----------Hostile witness --------- Evidence of hostile witness remained admissible and conviction can be based on such testimony but for safe administration of criminal justice in such a case adequate and necessary corroboration was need of the hour without which no conviction could be recorded against an accused --------- One…

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