Law: Criminal Procedure Code (V of 1898)

Section: 337,338

Law: Qanun-e-Shahadat (10 of 1984)

Section: 16

Law: Pakistan Penal Code, 1860

Section: 201,302,365

Criminal Procedure Code (V of 1898) --------- ----------Ss. 337 & 338 --------- Penal Code (XLV of 1860), Ss. 201, 302 & 365 --------- Qanun-e-Shahadat (10 of 1984), Art. 16 --------- Causing disappearance of evidence, qatl-i-amd and abduction --------- Accomplice/approver, evidence of --------- Petitioner was aggrieved of the order passed by Trial Court whereby respondent accused was allowed to appear as approver during pendency of trial --------- Objection raised by petitioner was that he being co-accused of respondent accused, his case would be prejudiced if she was allowed to become an approver --------- Validity --------- As a rule of prudence, statement of approver should not be accepted as gospel truth and such person could not be trusted who had betrayed his or her own comrades --------- For safe administration of justice, conviction should never be based on the sole testimony of an approver without independent corroboration --------- Under Art.16 of Qanun-e-Shahadat, 1984, though conviction could be based on the sole statement of approver, but such was not advisable --------- Court had the discretion to pardon an accused and allow him to become an approver and in a case of hurt or qatl, if victim or legal heirs had no legal objection then co-accused could not challenge his pardon as he would be given ample opportunity to cross-examine the approver --------- Order passed by Trial Court was not illegal as respondent accused was pardoned and allowed to become an approver by competent court with the permission of legal heirs --------- High Court upheld the order passed by Trial Court as the same as well reasoned and legal --------- Revision was dismissed in circumstances. Federation of Pakistan through Secretary, Ministry of Law and another v. Gul Hasan Khan PLD 1989 SC 633; Haider Hussain and others v. Government of Pakistan and others PLD 1991 FSC 139 and Osborn's Concise Law Dictionary, 7th Edition ref. THIS JUDGMENT DELIVERED BY: ERUM SAJAD GULL, JUSTICE:---------- The Petitioner Muhammad Saleem through this criminal revision has assailed the order of the learned Additional Sessions Judge Lahore dated 23-10-2014 whereby the application filed…

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