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

Section: 3,59,129(g)

Law: Evidence Act, (1 of 1872)

Section: 119

Law: Pakistan Penal Code, 1860

Section: 148,149,302,302(b),324

Law: Criminal Procedure Code (V of 1898)

Section: 161,200,340(2),342,374,543,544A

Appraisal of evidence-- ----Scope of--Implication of innocent persons--Criminal Investigation--Dilemma of false implication is unfortunately well embedded in our system of criminal investigation, prompting a litigant to implicate innocents along with guilty in homicide cases through tool of wider net--This menace calls for making appraisal of evidence in such cases with extreme guardedness. Appreciation of evidence-- ----Testimony of eyewitnesses--Entangled in abhorrence or grudge affair--Testimony of a witness cannot be discredited merely on account of his relationship with deceased, however, if he is found locked in some rivalry or enmity of a long or short duration, personal vengeance or grudge arising out of some financial, political or severe family rift with accused, he attains status of interested or partisan witness--Since out of human frailty, it is expected that a witness entangled in abhorrence or grudge affair with his adversaries can tell lie to satisfy his grouse and can even go to extent of implicating innocent persons in a crime, hence to attain credence, his testimony is required to be appraised with extreme circumspection and for that, matter is to be stringently evaluated on touchstone of strong corroboration. Eye-witnesses-- ----Scintilla of doubt--Chance witnesses--In absence of some confidence inspiring explanation regarding their presence at crime scene, two witnesses are found by us to be chance witnesses and their testimony can safely be termed as suspect evidence. Mistaken identification-- ----No source of light regarding occurrence--Omission to prove--Immense importance--Failure to prove source of light in a night time occurrence is always considered fatal for prosecution case as it gives room to possibility of false implication through mistaken identification. Secondary evidence-- ----Change in version of witnesses--Purity of testimony--Dishonest improvement--We are convinced that change in version of witnesses was not an outcome of frail human memory, rather was deliberately made with a nefarious design of bringing their testimony in conformity with medical evidence, thus can in no manner be brushed aside--It is purity of a…

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