| Citation(s) |
|---|
| 1991 SLG 1020 1991 SLD 1020 1991 SCMR 643 |
Supreme Court of Pakistan
Civil Appeal No.33-Q of 1988, hearing DATE : 25-11-1990. decided on 23rd December, 1990 (From the judgment of High Court of Balochistan, Quetta dated 12-4-1988 passed in C. P. No. 59/88)
SHAFIUR RAHMAN, S. USMAN ALI SHAH AND ALI HUSSAIN QAZILBASH, JJ
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Civil Appeal No.33-Q of 1988, hearing DATE : 25-11-1990. decided on 23rd December, 1990 (From the judgment of High Court of Balochistan, Quetta dated 12-4-1988 passed in C. P. No. 59/88)
SHAFIUR RAHMAN, S. USMAN ALI SHAH AND ALI HUSSAIN QAZILBASH, JJ
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MUHAMMAD NOOR and others
MEMBERI, BOARD OF REVENUE, BALOCHISTAN and others
Law:
Section:
Penal Code (XLV of 1860)--S.302/34---Criminal Law (Special Provisions) Ordinance (II of 1968), S.11(3)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine the legality and propriety of the orders of the Tribunals and the High Court. (b) Penal Code (XLV of 1860)-- ----S. 302/34---Appreciation of evidence---Case of no evidence---Motive/enmity or the matter of abscondence of accused has no value at all so long as direct evidence is not forthcoming---So long a substantive or direct piece of evidence is not available no other type of evidence, howsoever convicting it may be, can be relied upon or can form the basis of conviction. [Motive-Abscondence]. So long a substantive or direct evidence is not available no other type of evidence, howsoever convincing it may be, can be relied upon or can form the basis of conviction. The existence of motive/enmity is neither a substantive nor a direct evidence. It is not a corroborative piece of evidence either. The motive/enmity is only a circumstance which may lead to the commission of an offence. It is a starting point for committing a crime but under no circumstances it can be taken as an evidence. Further, motive/enmity is a double-edged weapon. Offence may be perpetrated because of the existence of motive/enmity and it can also be a basis to a false charge. The same is the case with abscondence. It is true that people do run away after committing the crime but it is equally true that people also scare themselves because of a false charge, the fear and highhandedness of the police. In this view of the matter it can hardly be said that motive/enmity or the matter of their abscondence has any value at all so long as direct evidence is not forthcoming. (c) Penal Code (XLV of 1860)-- ----S. 302/34---Case of no evidence---Admission---Compromise---Only person who could make an admission of the commission of crime or enter into compromise was the accused himself---Any admission made or compromise entered into by father of the accused was absolutely meaningless and therefore no conviction could be based on such compromise or admission. [Admission-Compromise]. In the present case the admission of…
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