Law: Penal Code (XLV of 1860)

Section: 302

  (a) Penal Code (XLV of 1860) S. 302-Witness-Mere fact that witness had no apparent reason to falsely implicate accused-Does not render evidence unassailable. There can be no general rule that the testimony of a witness having no apparent reason to falsely implicate an accused person should be accepted at its face value or that, conversely, the evidence of a person who is interested should be completely discarded. Indeed such an approach to the question of assessing the oral evidence of witnesses would be rather artificial and has been repeatedly disapproved by the superior Courts. Simply because the witness has no enmity and appears to be indepen dent, does not necessarily mean that what he states is not untrue. The truth or falsity of the statement of the witness largely depends upon the circumstances which provide the guideline. To accept the evidence without considering the circumstances would be totally inconsistent with the safe dispensation of justice. It is only on the scrutiny of the evidence with the assistance of the circumstances, it is possible to say with certainty that the evidence is immune from all taints and is worthy of belief. Pir Muhammad Khan v. State P L D 1970 Kar. 399 and Bashir Ahmed v. Muhammad Azam P L D 1969 S C 469 ref. (b) Penal Code (XLV of 1860) S. 302-Motive-Motive for crime suggested but subsequently abandoned at trial-Court should be on guard in accepting story of prosecution and should scrutinize credentials of prosecution witnesses. Where a motive is alleged by the prosecution but which was not only not proved but had been completely abandoned at the trial and which is found to be false, it becomes all the more necessary to scrutinize the credentials of the witnesses who by their evidence direct or indirect speak about the guilt of an accused person on the premises of a false motive. The Courts should be very much on their guard to accept the story of the prosecution of which the motive is an important constituent. Habibullah and others v. State P L D 1969 S C 127 ref. (c) Penal Code (XLV of 1860) S. 302-Rigor mortis, disappearance of, from dead body-Time requisite for. January and 1st February 1974.    …