2004P3065 (PLP)
N/A
| Citation | 2004P3065 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | N/A |
Q1: What are the key laws and sections cited in 2004P3065 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004P3065 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004P3065 (PLP) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Judgment & Decree
Said Ahmed v. Zamured Hussain and 4 others 1981 SCMR 795; The State v. Muhammad Raja and 3 others PLD 2004 Pesh. 1 and Farman Ali and others v. The State PLD 1980 SC 201 ref. (c) Penal Code (XLV of 1860)
Ss. 302, 324, & 337-A(1)/34
Testimony of interested witness
Court, in a case involving capital punishment, would not base conviction of an accused solely on the testimony of interested witness unless such evidence would find corroboration by some other independent and unimpeachable piece of evidence or circumstances in the case. Haji Rabnawaz v. Sikandar Zulqarnain and 7 others 1998 SCMR 25 ref. (d) Penal Code (XLV of 1860)
Ss. 302/324, 337-A(1)/34
Medical evidence--Medical evidence by itself would not establish either the identity or the complicity of accused in the crime
It was only when involvement of accused in the crime was established through other evidence beyond reasonable doubt that further corroboration could be sought with the help of medical evidence
Medical evidence could at best be used to support ocular testimony or any other incriminatory evidence of the type and for no other purpose. (e) Penal Code (XLV of 1860)
Ss. 302/324/337-A(1)/34
Independent corroboration
Safe administration of justice
In a case involving capital punishment, the Court would not base conviction of accused on sole testimony of a witness whose credibility was not free from doubt
For safe administration of justice in criminal case, the Courts should look for some independent corroboration. Muhammad Fahim Wali for Appellants. Pir Liaqat Ali Shah, Addl. A.-G. for the State. Muhammad Jamal Khattak for the Complainant. Date of hearing: 24th June, 2004.