Law: Constitution of Pakistan, 1973

Section: 199

Law: Qanun-e-Shahadat Order, 1984

Section: 59

 Summary

The petitioners challenged the orders of the trial and appellate courts refusing their applications for forensic examination of the thumb impressions and signatures appearing on Mutation Nos. 5 (dated 04.07.1991) and 93 (dated 22.12.1993). The original plaintiff had filed civil suits claiming that the disputed mutations were forged, illegal, and without consideration.

The High Court held that although expert opinion is only corroborative evidence and not conclusive proof, it becomes essential where primary witnesses (Patwari, Revenue Officer, and witnesses to the mutation) have died. The Court observed that rejecting a request for forensic examination merely because it was filed at a later stage defeats the cause of justice. Since expert evidence would assist the Court in determining the authenticity of the disputed mutations, the impugned orders were set aside.

The trial court was directed to send the admitted and disputed thumb impressions and signatures to the Forensic Science Laboratory (FSL) for expert examination. After receiving the report and allowing cross-examination of the expert, the trial court was directed to decide the suits on the basis of the entire evidence under the principle of preponderance of probabilities.