Law:

Section:

(a) Criminal trial-- Appreciation of evidence-Court ignoring to take into considera­tion that accused was unrepresented in trial-Such approach of Court disapproved by Supreme Court-Court is obliged to take into con­sideration all matters placed before it in a trial before arriving at the conclusion whether a fact was proved or not-Proof of a fact depended not upon accuracy of statement but upon probability of its having existed-Ultimate responsibility to come to necessary findings of facts vested with Court which was undivided and complete. (b) Penal Code (XLV of 1860)- --- Ss. 468 & 471-Criminal trial-Appreciation of evidence-­"Proved"--Definition.-[Words and phrases]. The definition of the word "proved" provides for two conditions of mind : first, that in which a man feels absolutely certain of a fact, in other words "believes it to exist", and second that in which, though he may not feel absolutely certain of a fact, he thinks it so extremely probable that a prudent man would, under the circumstances, act on the assumption of its existence. (c) Penal Code (XLV of 1860)- - Ss. 468 & 471-Appreciation of evidence-Expert evidence ­Expert knowledge about handwriting alone may not be sufficient for determining whether a particular document contained forgeries­ Expert evidence is at best opinion evidence and Court is not bound to accept same.-[Evidence]. (d) Pakistan Criminal Law Amendment Act (XL of 1958)- --- Ss. 3, 5(1) & Sched. item 2-Prevention of Corruption Act (II of 1947), S. 5(1)(d) & (2)-Penal Code (XLV of 1860), Ss. 468, 471, 420 & 409-Words "as public servant"-Effect-Whether transac­tion in which the alleged offence was committed was by any stretch of imagination a course of conduct which had any nexus with duties performed by accused in his capacity as a public servant­ Test. What is necessary is that the offence must be in respect of an act done or purported to be done in execution of duty that is in the discharge of an official duty. It must purport to be done in the official capacity with which he pretends to be clothed at the time, that is to say under the cloak of an ostensibly official act, though of course, the offence would…

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