| Citation(s) |
|---|
| 2001 SLG 1348 2001 SLD 1348 2001 PLD 333 |
Supreme Court of Pakistan
Criminal Appeal No.250 of 1999, decided on 12th October, 2000. (On appeal from the judgment dated 1031998 of the Lahore High Court, Rawalpindi Bench, passed in Criminal Miscellaneous No.594 of 1993).
RASHID AZIZ KHAN, NAZI IN HUSSAIN SIDDIQUI AND, JAVED IQBAL, JJ
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Criminal Appeal No.250 of 1999, decided on 12th October, 2000. (On appeal from the judgment dated 1031998 of the Lahore High Court, Rawalpindi Bench, passed in Criminal Miscellaneous No.594 of 1993).
RASHID AZIZ KHAN, NAZI IN HUSSAIN SIDDIQUI AND, JAVED IQBAL, JJ
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MUHAMMAD ILYAS
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)-------Ss. 302/34 & 324/34---Appraisal of evidence---Accused had the motive for committing the crime which was mentioned in the F.I.R. and was established beyond any shadow of doubt ---F.I.R. had been lodged promptly within 45 minutes of the occurrence at the police station which was two and a half miles away there from ---F.I.R. contained all the necessary details which showed that the complainant had witnessed the crime---Injured eyewitness who had no enmity with any of the assailants was an independent witness and his testimony being reliable inspired confidence---Medical evidence had no conflict with ocular version---Prosecution evidence did not admit of any hypothesis other than the guilt of the accused--Convictions and sentences of accused were upheld in - circumstances. Abdul Wahab alias Rehra v. The State 1999 SCMR 1668 ref. (b) Penal. Code (XLV of 1860)-------Ss. 302/34---Appreciation of evidence---Motive---Motive does not play any effective role when premeditated and cold-blooded murder is committed and established by irrefutable evidence---What is important is the nature of evidence and not the motive which may or may not be proved---Non-proof of motive cannot be a ground to discard the unimpeachable evidence: (c) Penal Code (XLV of 1860)-------Ss: 302/34---Appreciation of evidence---Credibility of a witness---Test of. credibility of a witness is neither his relationship or friendship with either side, nor his mere presence at the scene of offence at the time of occurrence, but it is the worth of his testimony valued -on the established judicial norms which finally proves or disproves his partiality or impartiality as a witness. (d) Penal Code (XLV of 1860)-------Ss. 302/34---Appreciation of evidence---Corroboration---Comprehensive definition of the `term "corroboration" covering all its facets is not possible--Corroboration can be gathered by any thing from the events, which can satisfy a prudent. mind in given circumstances. (e)Words and phrases------- Word "Corroboration" is a many faceted term which cannot be comprehensively defined---Corroboration in a criminal case can be gathered by anything from the events…
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