Law:

Section:

(a) Penal Code (XLV of 1860)------- S. 302-Appreciation of evidence-Testimony of a single witness when can be relied upon for conviction of accused.-[Witness].There are cases where the testimony of even a single witness can be relied upon for conviction of the accused but an each case it depends on various factors, e.g. where the presence of the witness at the time of occurrence is natural his statement is consistent, the version of incident given by him is natural ; his character is above suspicion ; he has stood the test of cross-examination and his testimony is unimpeachable. (b) Penal Code (XLV of 1860)---- -- S. 302-Appreciation of evidence-Where testimony of eye­witnesses has been disbelieved with regard to some of the accused, such testimony can be used against remaining accused only when some independent corroboratory evidence is available on record to support their testimony qua those accused. (c) Constitution of Pakistan (1973)------ ------Art. 185(3)-Penal Code (XLV of 1860), S. 302-Deep rooted hostility between parties existing-High Court expressing doubt regarding eye-witnesses and using word "so-called" for such eye­witnesses - High Court convicting one accused and acquitting remaining two-No corroboratory evidence supporting testimony of said "so-called" witnesses available on record- Evidence, of motive being- equally applicable to each party, could not be said to be corroborating testimony of eye-witnesses-High Court also disbeliev­ing abscondance of accused persons-Leave to appeal granted to consider whether well-established principles of appreciation of evi­dence in criminal cases had been observed in the case and whether two accused out of three were wrongly acquitted by High Court. ORDER ASLAM RIAZ HUSSAIN, J.--This order shall dispose of P. S. L. A. No. 45-P of 1984 filed by Zulfiqar Ahmad against and Criminal P. S. L. A. No. 46-P of 1984, filed by the State acquittal of Haji Nisar Ahmad 4110 Pahar Baba and Manzoor (respondents in that petition). 2. Facts giving rise to the present case are briefly, that Ahmad (petitioner in Criminal P. S. L. A. No. 45-P of 1984) was alongwith Haji Nisar and Manzoor Ahmad (respondents in No. 46-P of 1984)…

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