Law: Evidence Act (I of 1872)

Section: 133,114

Law: Penal Code (XLV of 1860)

Section: 302

(a) Criminal trial----   ---Identification parade-Accused refusing to take part in test identification parade-Presumption drawn against accused.   (b) Evidence Act (I of 1872)------   ----Ss. 133 & 114 - Approver's statement implicating accused -Must be supported by material corroboration.   Under the provision of section 133 of the Evidence Act, an accomplice is a competent witness against the accused person and conviction based on it is not illegal however, the Courts are guided by section 114, Evidence Act, illustration (b), which lays down that an accomplice is unworthy of credit and his corrobora tion on material particulars is emphasised. Even if the Court is fully satisfied about its truth yet approver's testimony being of a tainted character, the Courts, as a matter of prudence, insist generally on some material corroboration thereof in so far as it implicates the accused person. This rule of prudence has received such universal application that it may now be regarded as virtually amounting to a rule of law, and, therefore, a departure from it is deemed to be an error of law. The reason for the emphasis is obvious.   (c) Criminal trial ------   ----- Evidence - Accused naming A as co- accused - A becoming approver in case -- Reason disclosed by accused for falsely implicating A not borne out by record-No value can be attached to such assertion.   (d) Penal Code (XLV of 1860)----   ----S. 302-Guilt of accused not free from reasonable doubt-Conviction set aside.   Date of hearing : 16th March 1966.    JUDGMENT   ABDUL GHANI KHATTAK, J.-Abdus Sattar alias Buta son of Muhammad Bakhsh, aged 23 years, was found guilty for the murder of Habibur Rehman, deceased, and by his order dated the 2nd of December 1964, the learned Sessions Judge, Lahore (Camp Kasur) convicted him under section 302, P. P. C. and sentenced him to death. The record t~f the case has been sent by the learned Sessions Judge for the confirmation of the sentence. The convict has appealed against his conviction. This judgment will dispose of both the appeal and the reference.   The report Exh. P. A. was made by Habibur…