Law:

Section:

(a) Evidence Act (I of 1872) S. 8 Motive Value of Appreciation of evidence Fact of prosecution's failure to prove motive of crime A mere circumstance. reacting against prosecution case Motive for crime put forward by prosecution not proved at all Ocular evidence, held, required to be scrutinized, in circumstances, with great caution. [Motive Evidence]. (b) Criminal trial ---Hostile witness Appreciation of evidence Evidence of hostile witness in criminal cases Requires corroboration as a rule of prudence Primary question however not whether witness a hostile witness or a disinterested witness but whether such witness an honest witness or a dishonest witness Even a hostile witness may speak truth while a totally disinterested witness may be bribed or pressurised into giving false evidence Test of veracity, hence, held, a rule of thumb method for ascertaining veracity of witness Courts, held further, in addition to question whether witness is interested or hostile or disinterested must examine question whether evidence inherently probable and consistent with circumstantial evidence. [Witness-¬Evidence]. (c) Evidence Act (I of 1872) -----S. 27 Recovery Crime weapon recovered in brazen disregard of mandatory provisions of law Recovery, held, of no evidentiary value. [Recovery]. (d) Constitution of Pakistan (1973) ---Art. 185(3) Appeal to Supreme Court Concurrent findings ¬Both lower Courts misreading circumstantial evidence and ignoring evidence fatal to veracity of so called eye witnesses Findings of Courts below reached without taking into consideration all circumstances affecting credibility of witnesses Cardinal principle requiring consider¬ation of not only evidence going in favour of prosecution but also one going in favour of accused having been departed from, fact of lower Courts having arrived at a concurrent finding of guilt, held, of no consequence. [Evidence]. Noora and another v. The State P L D 1973 S C 469 ref. (e) Constitution of Pakistan (1973) ---Art. 185(3) Leave to Appeal to Supreme Court Condonation of delay Supreme Court, held, generally condones delay in criminal cases. [Condonation of delay]. Sadiq v. The State P L D 1967 S C 356 ref.…

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