Law: Pakistan Penal Code, 1860

Section: 302

(a) Penal Code (XLV of 1860)---S. 302---Reappraisal of evidence---Interested and related witness, evidence of---Scope---Mere relationship of witness with deceased is no ground for discarding his evidence if, he otherwise appears to be truthful and his presence at place of occurrence is probable---Relationship of witness with any of the parties would not dub him as an interested witness because interested witness is one, who has, of his own, a motive to falsely implicate accused, is swayed by a cause against accused, is biased, partisan, or inimical towards accused---Any witness who deposes against accused on account of occurrence, such witness cannot be regarded as an "interested witness"---Merely because witnesses are kith and kin, their evidence cannot be rejected, if otherwise it is trustworthy---Related witnesses sometime particularly in murder cases, may be found more reliable because they on account of their relationship with deceased would not let go the real culprit nor substitute an innocent person for him---Evidence of interested witness even cannot be outrightly discarded unless it was proved that the witness had involved the accused for some ulterior motive---In case of interested witness, only as a rule of prudence and not as a rule of law, the courts have emphasized that testimony of witness may be evaluated with more than ordinary care and corroboration may be sought from other evidence. Sheraz Tufail v. The State 2007 SCMR 518; Khair Muhammad and another v. State 2007 SCMR 158; Amal Sherin and another v. State through A.-G., N.-W.F.P. PLD 2004 SC 371; Dosa and others v. The State 2002 SCMR 1578; Mulla Riaz Ahmad v. The State 2002 SCMR 626; Feroze Khan v. The State 2002 SCMR 99; Farmanullah v. Qadeem Khan and another 2001 SCMR 1474; Muhammad Amin v. The State 2000 SCMR 1784; Saeed Akhtar and others v. The State 2000 SCMR 383; Mir Hassan and others v. State and others 1999 SCMR 1418; Sharafat Ali v. The State 1999 SCMR 329; Sardar Khan and others v. State 1998 SCMR 1823; Wahid Bukhsh and others v. The State 1997 SCMR 1424; Muhammad Arshad alias Achhi v. The State 1995 SCMR 1639; State of Rajasthan v. Hanaman AIR 2001 SC 282; State of Punjab v.…

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