Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Interested witness---Necessity of corroboration---Scope---Where an eye-witness charged a person with commission of offence, the court was required to firstly determine whether he saw the accused; was he in a position to identify him and secondly that could he be believed for the conviction of accused without corroboration---If it was found by the court that the charge of the witness was reasonable from available circumstances, then in the absence of corroboration of witnesses, same could be believed---Corroboration of an interested witness, in circumstances, was not necessary always through some independent source---Mere relation of the witness with the deceased was no ground for discarding his evidence---Conviction could be recorded on the basis of ocular testimony of natural and reliable witness without seeking any corroboration, but said testimony was required to be scrutinized with great care and caution---Relationship of a witness with the deceased alone was not sufficient to discard his testimony---Capital punishment could be awarded even on the basis of circumstantial evidence, if found sufficient to connect accused beyond any reasonable doubts. 2007 SCMR 518; PLD 1977 SC 557; PLD 2007 SC (AJ&K) 102 and Mehtab Khan v. The State 1979 SC (AJ&K) 23 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Three prosecution witnesses, who were natural witnesses, their presence at the spot was natural and no contradiction was found in their evidence---F.I.R. was lodged with reasonable promptitude and no time was used by the complainant for deliberation and consultation in order to falsely rope in accused---Nothing was on record to show that witnesses had substituted real culprits---One of the witnesses was not related to the deceased and his presence at the spot was proved and he had recognized the accused---Said witness gave very straightforward statement which fully connected the accused with the commission of offence---Statements of prosecution witnesses were trustworthy and were corroborated by other witnesses---Despite long…

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