Law: Constitution of Pakistan 1973

Section: 199

Law: Qanun-e-Shahadat Order, 1984

Section: 59

Case Summary Tagline Expert forensic examination should be allowed where it assists the court in discovering the truth, especially when key witnesses have died and direct evidence is unavailable. Facts The respondent (plaintiff) challenged Mutation Nos. 5 (04.07.1991) and 93 (22.12.1993), claiming they were illegal, fraudulent, and without lawful authority. She sought declaration of ownership, correction of revenue entries, recovery of possession, and permanent injunction. After completion of evidence, the defendants applied for forensic examination of disputed thumb impressions and signatures appearing on the mutations. The Trial Court and Appellate Court dismissed the applications on the ground that they were filed at a belated stage. Issues Whether forensic examination of disputed thumb impressions and signatures can be allowed after completion of evidence. Whether delay alone is sufficient to reject an application seeking expert opinion. Whether expert evidence is necessary where material witnesses have died. Held The Peshawar High Court allowed both constitutional petitions, set aside the impugned orders, and directed the Trial Court to send the admitted and disputed thumb impressions and signatures to the Forensic Science Laboratory (FSL) for expert examination. Reasoning Expert opinion under Article 59 of the Qanun-e-Shahadat Order, 1984 is admissible as corroborative evidence. Although expert opinion is considered weak evidence, it becomes important where direct evidence is unavailable. Delay alone cannot defeat the right of a party to obtain scientific evidence necessary for a fair adjudication. The Patwari, Revenue Officer, and other material witnesses had died, making forensic examination necessary. Courts should interpret procedural rules in a manner that promotes substantive justice, not technicalities. The expert's report would remain subject to cross-examination and would be considered along with the entire evidence on the principle of preponderance of probabilities. Principle of Law Expert evidence is corroborative but may become indispensable when primary witnesses are unavailable. Applications for forensic examination should not be…