Law: Penal Code (XLV of 1860)

Section: 302/34/307/34

(a) Penal Code (XLV of 1860)   Ss. 302/34 307/34 Constitution of Pakistan (1973), Art. 185(3) Leave to appeal was granted to reappraise the evidence subject to limitation. (b) Penal Code (XLV of 1860)   Ss. 302/34 307/34 Appraisal of evidence Presence of eye witnesses at the spot at the time of occurrence, no doubt, was very much confirmed by the injuries present on their persons, but it did not mean that they were witnesses of truth Eye witnesses having been judiciously found capable of involving an innocent person attributing to him the main role of murder, exceptionally strong and sufficient ‘enough corroborative evidence was required to connect each of the accused with the commission of the crime which was not available in the form of motive or medical evidence Co accused, who according to prosecution had also a motive against the deceased, having been acquitted, the benefit of the principle ‘Motive cuts both ways’ was to go to the accused Prosecution case being, pregnant with serious doubts and confusion and darkness all around, Court could not possibly sift grain from the chaff ¬Accused were acquitted in circumstances. (c) Penal Code (XLV of 1860)   Ss. 302/34 307/34 Evidence Veracity of a witness Test Acid test of veracity of a witness is inherent merit of his own statement. [Witness]. (d) Penal Code (XLV of 1860)   Ss. 302/34 307/34 Appreciation of evidence Corroboration ¬Corroboration is required both as to the story of the prosecution as well as the identity of the assailants Corroborative evidence need not be such as to bring home the charge to the accused of its own probative force, but it should be a circumstance pointing to the inference that the particular accused Whose case was being considered did participate in the commission of the offence. (e) Penal Code (XLV of 1860)   Ss. 302/34 307/34 Medical evidence Corroborative value Medical evidence may support the ocular evidence with regard to the injuries suffered by the deceased, kind of weapon used for causing the injury, duration between the injury and the death and presence of injured witness or the accused on the spot, but it will not…

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