Case Details

Citation(s)
2006 SLG 2804 2006 SLD 2804 2006 SCMR 1857
Supreme Court of Pakistan
Criminal Appeal No.114 of 2002, decision dated: 27-06-2006 (On appeal from the judgment, dated 10-9-2001 in Criminal Appeal No.1394 of 1999 passed by the Lahore High Court, Lahore)
JAVED IQBAL, MUHAMMAD NAWAZ ABBASI AND HAMID ALI MIRZA, JJ

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MUHAMMAD EHSAN

VS

THE STATE

Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)---Evidence---Single witness---Principle---Ocular testimony of one prosecution witness which is unimpeachable and confidence-inspiring corroborated by medical evidence is sufficient to base conviction on. (b) Penal Code (XLV of 1860)--- ----S. 302(b)-Evidence---Corroborative and direct evidence---Scope---If Court is satisfied about truthfulness of direct evidence, requirement of corroborative evidence is not of much significance. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Reappraisal of evidence---Related witness---Statement of solitary witness---Accused was convicted and sentenced to life imprisonment on the solitary statement of widow of deceased---Conviction and sentence was upheld by High Court---Plea raised by accused was that evidence of widow of deceased could not be relied upon because she was interested witness related to deceased---Validity---Mere fact that she was widow of deceased would not by itself sufficient to hold that she was interested witness considering the fact that she had no enmity with accused or co-accused---Even if deceased had enmity with accused it would not have any serious effect upon the credibility and reliability of the testimony of widow---Widow could have conveniently assigned/attributed second injury to anyone of the co-accused but she did not attribute or assign such injury to anyone of the acquitted accused---Even testimony of single witness, if found to be reliable, confidence-inspiring and unimpeachable, was' sufficient to base conviction on---Not necessary that in each and every case there should be more than one witness for the purpose of basing conviction---Not the quantity of evidence but the quality of evidence on the basis of which conviction was to be based---No misreading or non-reading of evidence or legal infirmity having been found by the Supreme Court in the passed by High Court and Trial Court in appraisal of evidence or any misconstruction of law, appeal was dismissed. Atta Muhammad and another v. The State 1995 SCMR 599 distinguished. M. Zaman Bhatti, Advocate Supreme Court for Appellant. M. Ilyas Mian, Advocate Supreme Court for the State. Date of hearing:…
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