| Citation(s) |
|---|
| 2000 SLG 2152 2000 SLD 2152 2000 PLD 216 |
Lahore High Court
Criminal Appeal No. 198 of 1995, heard on 13th September, 1999
IFTIKHAR HUSSAIN CHAUDHRY AND ZAFAR PASHA CHAUDHRY, JJ
Raja Muhammad Anwar and Rana M. Arshad for Appellants. Yasmin Sehgal, Asstt. A.G. with A.H. Masood for the State. Sardar Muhammad Latif Khan Khosa for the Complainant
Criminal Appeal No. 198 of 1995, heard on 13th September, 1999
IFTIKHAR HUSSAIN CHAUDHRY AND ZAFAR PASHA CHAUDHRY, JJ
Raja Muhammad Anwar and Rana M. Arshad for Appellants. Yasmin Sehgal, Asstt. A.G. with A.H. Masood for the State. Sardar Muhammad Latif Khan Khosa for the Complainant
ALTAF HUSSAIN and 4 others
VS
THE STATE
Law: Pakistan Penal Code, 1860
Section: 302(b),324,440,148,149
Law: Criminal Procedure Code (V of 1898)
Section: 173
(a) Words and phrases--- ----"Opinion"---Connotation. Opinion means a view, or appraisal formed in the mind about a particular matter, a brief stronger than impression and less strong than positive knowledge; a generally held view; a formal expression of or advice by an expert, opinion is synonymous with view, belief, conviction, persuasion, sentiment. Webster's Dictionary ref.. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 440, 148 & 149---Criminal Procedure Code (V of 1898), 5.173---Appreciation of evidence---Police report ---Investigatory evidence-Ipse dixit opinion---Concept---Credence---Principles---Opinion which is ipse dixit only, is not given any credence or weight in judicial proceedings, particularly in a criminal trial---Opinion which qualifies to be almost a statement of fact enjoys a measure of respectability and is relevant to the decision of the controversy---When, however, the opinion is given which is unbiased, non-partisan and impartial, it would be right to reject same by terming that as a mere word of mouth of an individual. Opinion means a view, , or appraisal formed in the mind about a particular matter, a belief stronger than impression and less strong than positive knowledge; a generally held view; a formal expression of or advice by an expert, opinion is synonymous with view, belief, conviction, persuasion, sentiment. Ipse dixit means "he himself said it"; an assertion made but not proved. In Latin "ipse" means self, ipse dixit implies (of a master or teacher) "the master i.e. Pythagorus) has said it". lpse dixit is, thus, an opinion which is not based on any syllogism, analytical data or reasoning but is a banal, in animate personal opinion or, a mere word of mouth or a borrowed view based on the opinion of another. A word of mouth of a witness hardly finds favour in any judicial or quasi judicial proceedings. Opinion is not only a simple word of mouth but also is a term of wider connotation. In judicial proceedings evidence of various genre is led or brought on record keeping in view the nature of controversy. There is direct evidence of witnesses of fact and there is evidence proffered by witnesses who are professionals,…
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