Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 87,265C,382B,512

Ocular Account-- ----Principle--Criminal Jurisprudence--Ocular account in such cases plays a decisive and vital role and once its intrinsic worth is accepted and believed then rest of evidence, both circumstantial and corroboratory in nature, would be required as a matter of caution--To contrary, once ocular account is disbelieved then no other evidence, even of a high degree and value, would be sufficient for recording conviction on a capital charge, therefore, we have to see probative value of ocular account in light of facts and circumstances of case. Chance Witness-- ----Testimony of witness--Chance witness, in legal parlance, is one who claims that he was present on crime spot at fateful time, albeit his presence there was a sheer chance as in ordinary course of business, place of residence in normal course of events, he was not supposed to be present on spot, but at place where he resides, carries on business and runs day to day life affairs--Testimony of chance witness ordinarily, is not accepted unless justiciable reasons are shown to establish his presence at crime scene at relevant time--In normal course, presumption under law would operate about his absence from crime spot--True that in rare cases, testimony of chance witness may be relied upon, provided some convincing explanation appealing to prudent mind for his presence on crime spot are put forth, when occurrence took place otherwise, his testimony would fall within category of suspected evidence and cannot be accepted without a pinch of salt. 2003 SCMR 1419 ref. Evidence of Chance witness-- ----Evidence of chance witness would be acceptable subject to establishing his presence at place of incident and in absence of corroborative evidence to support version of a chance witness same had to be excluded from consideration. 1978 SCMR 114; 1197 SCMR 89; 2001 SCMR 424; 1995 SCMR 896; 1999 YLR 1478 ref. Chance Witness-- ----Chance witness cannot be believed safely if he fails to offer cause of his presence at spot at a given time. 2008 PCr. LJ 993. Motive-- ----Evidentiary Value--Evidentiary value of "motive" as given in FIR for commission of offence--The same has not been proved during trial by…

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