Law: Penal Code (XLV of 1860)

Section: 302(b)

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

Section: 132,133

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Witness---Credibility---Credibility of a witness depends upon his knowledge of the facts to which he testifies; his disinterestedness; his integrity; his veracity, and his being bound to speak the truth by such an oath as he deems obligatory, or by such affirmation or declaration as may by law be substituted for an oath---Proportioned to these principles is the degree of credit the testimony of witness deserves from the court. Archbold Criminal Pleading,-Evidence and Practice, thirty-five Edition by Butler and Garsis para 1347 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qanun-e-Shahadat (10 of 1984), Arts. 132 & 133---Qatl -e-amd---Appreciation of evidence---Principle---Any portion of the statement of a witness having not been challenged during cross-examination shall be deemed to have been admitted by the accused. (c) Criminal Procedure Code (V of 1898)--- ----S. 342---Penal Code (XLV of 1860), S. 302(b)---Qatl-e-amd---Examination of accused---Every bit of incriminating evidence must be put to the accused in his examination under S. 342, Cr.P.C. so as to seek his reply---Failure to do so shall exempt the accused from any penal action against him in respect of the missed piece of evidence. Noor Muhammad v. The State 2010 SCMR 97; Abdul Wahab v. The Crown PLD 1955 FC 88; The State v. Gohar Rehman and another 1969 SCMR 460; Sheral alias Slier Muhammad v. The State 1999 SCMR 697 and Majnoo v. The State 1984 PCr.LJ 2069 rel. (d) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Eye-witnesses had plausibly explained their presence at the scene of occurrence---Ocular testimony was truthful and credible and was corroborated by the site plan and medical evidence---Independent persons for fear of reprisal would usually hesitate to depose against the perpetrators of the crime, so as to save them and their families from any probable danger or trouble---F.I.R. had been promptly lodged---Mistaken identity of accused was out of question, as he was previously known to the eye witnesses-Forthright, trustworthy and worth reliance ocular evidence could not be…

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