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

Section: 43

Law: Pakistan Penal Code, 1860

Section: 34,302,324

Supplementary Statement-- ----Proposition of law--Evidentiary value--Evidence is not required to be examined in depth in view of the well-settled proposition of law regarding the evidentiary value and binding force of supplementary statement. There is no cavil with the proposition of law that no implicit reliance can be placed upon the supplementary statement which at the most can be equated as a statement under Section 161 of the Code. Falak Sher alias Sheru vs. The State (1995 SCMR 1350) "Akhtar Ali and others v. The State" (2008 SCMR 6), "Noor Muhammad v. The State (2008 SCMR 1556) and "Kashif Ali vs. The Judge, Anti-Terrorism, Court No. II, Lahore and others" (PLD 2016 Supreme Court 951) Offences Against Property (Enforcement of Hudood) Ordinance, 1979 (VI of 1979)-- ----S. 17(4)--Pakistan Penal Code, (XLV of 1860), Ss. 34, 302 & 324--Appeal against acquittal--Credibility of witnesses--Confessional statement--Evidence corroborative--Though it was contended that P.W. is injured eye-witness to which argument no exception can be taken but argument would not advance plea of appellant because injuries sustained by him though prove his presence at spot but cannot be taken as affirmative proof of credibility of said witness which has to be tested independently--Discussion made in preceding paragraphs cast serious doubt about genuineness of confessional statements and as such what to speak of its evidentiary value against other respondents, same cannot be believed, relied and acted upon even against its makers--Perusal of pointation memos does not suggest any recovery during that process and as such same cannot provide any corroboration being inadmissible evidence--There is another documentary evidence led by prosecution in shape of another report of Forensic Science Laboratory--It has come in evidence of prosecution that after arrest of respondents their fingerprints were obtained and weapons of offence, attributed to Respondent No. 1 and got recovered by Respondents No. 2 to 4 also had finger impressions of said respondents which were sent for comparison resulting in receipt of affirmative report but nevertheless report which is a corroborative piece of…

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