| Citation(s) |
|---|
| 1982 SLG 459 1982 SLD 459 1982 SCMR 757 |
Supreme Court of Pakistan
Criminal Appeal No. 76 of 1979, decision dated: 20-03-1982.(On appeal from the judgment and order dated 9-4-1978 of the Lahore High Court in Criminal Appeal 383/76 and Murder Reference 182/1976)
MUHAMMAD HALEEM, ACTG. C.J., MUHAMMAD AFZAL ZULLAH AND M. BURHANUDDIN KHAN, JJ
Rabnawaz Khan Niazi, Advocate Supreme Court and S. Wajid Hussain, Advocate-onRecoil for Appellant. Advocate General (Punjab) and S. Ejaz Ali, Advocate-on-Record for
Respondent.
Criminal Appeal No. 76 of 1979, decision dated: 20-03-1982.(On appeal from the judgment and order dated 9-4-1978 of the Lahore High Court in Criminal Appeal 383/76 and Murder Reference 182/1976)
MUHAMMAD HALEEM, ACTG. C.J., MUHAMMAD AFZAL ZULLAH AND M. BURHANUDDIN KHAN, JJ
Rabnawaz Khan Niazi, Advocate Supreme Court and S. Wajid Hussain, Advocate-onRecoil for Appellant. Advocate General (Punjab) and S. Ejaz Ali, Advocate-on-Record for
Respondent.
MAQSOOD KHAN
VS
THE STATE
Law:
Section:
(a) Evidence Act (I of 1872)---S. 118-Criminal trial-Child witness-Whether child witness can understand questions and answer in rational manner-Immaterial Proposition that in no case should evidence of child witness be believed-Cannot be laid down as a general rule of universal application-Each case depends upon its own particular facts and circumstances-Evidence of child witness before being acted upon should however be subjected to a close and careful scrutiny-Mere fact of evidence of only eye-witness of a crime being of a child of 10 years of age-No ground for not relying upon same especially when evidence given without hesitation, without slightest suggestion of tutoring and corroborated in respect of narration of facts or child's subsequent conduct immediately afterwards-Real tests : consistence of story with itself, standing tests of cross-examination and fitness with evidence and circumstances of case.-[Witness]. (b) Penal Code (XLV of 1860)- --Ss. 302 & 392-[Murder and robbery case]-Appreciation of evidence-Accused luring deceased a minor girl to a ditch on pretext of cutting jharu-reeds for her, cutting a few reeds and then suddenly snatching girl's dupatta, putting it around her neck starting twisting it causing her death and robbing her of her silver bangles and golden ear-rings--Accused put to identification test in a parade and correctly picked out by witnesses-Accused leading police to recovery of ornaments concealed in a cement pipe-Accused also making extra-judicial confession-Child witness remembering face of accused and correctly picking him out in identification parade-No suggestion made of existence of any previous enmity between complainant party and accused-No objection put forward before Magistrate supervising identification parade as to prosecution witness having given opportunity to see accused before conduct of identification parade-Magistrate on other hand refuting such allegations-Prosecution story supported by evidence of disinterested eye-witnesses in particularly by testimony of child witness-Accused appellant, held, rightly convicted for murder and robbery. (c) Evidence Act (I of 1872)- ---S. 145-Cross-examination as to…
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