Law: Pakistan Penal Code, 1860

Section: 34,148,149,161,164,299(1),302(a),302(b), 302(c),304,324,337-F(vi),337-L(2)

Law: Criminal Procedure Code (V of 1898)

Section: 265C,265D,340(2),342

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

Section: 17

(a) Penal Code (XLV of 1860)--- ----Ss. 302(a) , 304---Qatl-i-amd liable to qisas---Witness, credibility of---Tazkiya-tul-shahood---Modes to ascertain the credibility of a witness on the touchstone of tazkiya-tul-shahood explained. The primary/foremost qualification for a person to appear as a truthful witness in a case falling under ‘qisas’ is that he must fulfill the condition of tazkiya-tul-shahood. In ordinary meanings, it is an accepted rule of tazkiya-tul-shahood, that the credibility of the witness shall be examined through credible person of the same walk of life to which the witness belongs. Tazkiya-tul-shahood also entails an open and confidential inquiry regarding the conduct of the witness to ascertain whether the witness is credible or otherwise. The word ‘from the same walk of life’ is most essential attribute regarding this aspect. However, there are two modes provided to evaluate tazkiya-tul-shahood, (i) open, (ii) confidential. To ascertain the credibility of a witness on the touchstone of tazkiya-tul-shahood, the Judge is under an obligation to inquire the credentials of the witness proposed to testify during the court proceedings to adjudge his truthfulness. Likewise, he can also adopt the way of secret inquiry to further satisfy his conscience about the credibility of the witness, for which he can delegate/appoint someone else to ascertain the truthfulness of the person claiming acquaintance with the facts and circumstances of the case. There is no constraint that with the changing situation in the advanced era, the modern devices/technical assistance can also be utilized to gauge the piousness of the witness to arrive at a conclusion which endorses the believability qua the character of the witness by the Presiding Officer. (b) Penal Code (XLV of 1860)--- ----Ss. 302(a), 302(b) , 304---Qanun-e-Shahadat (10 of 1984), Art. 17---Qatl-i-amd---Scope of section 302(b), P.P.C. stated. There are two sentences provided under the head of section 302(b), P.P.C i.e. death or imprisonment for life as Tazir. There is marked distinction between section 302(a) and 302(b), P.P.C qua consideration and application of sentence which is also based upon other…

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