Credibility of testimony

2013 YLR 1193 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S.302(b)Qatl-e-amdAppreciation of evidenceInjured witnessCredibility of testimonyBenefit of doubtRecovery of crime weapon

Out of twelve accused persons, ten were acquitted by Trial Court and two were convicted and sentenced to imprisonment for life

Validity

Three eye-witnesses of occurrence out of which presence of injured witness having injury on his person was proved, however, the stamp of fire-arm injury on his person was not per se tantamount to stamp of credence of his testimony and was not proof of credibility and truth of his evidence

Evidence of such witness was to be considered keeping in view the circumstances of case and other evidence collected by Investigating Officer during investigation

All witnesses were fully aware of having knowledge of the kind of weapons and it was alleged against one of the accused that he was armed with rifle and caused rifle shot injury to injured prosecution witness whereas according to prosecution one Kalashnikov was recovered on his pointation and not rifle

Recovery of rifle was made with delay of three months after the incident and six days after arrest of accused

Mashirnamas of recovery of weapons did not show that weapons were sealed at the spot, no forensic report regarding working condition of weapon was exhibited during trial

Trial Court did not appreciate prosecution evidence according to settled principles

On the same evidence co-accused were acquitted while accused persons were convicted without assigning sound reasons though prosecution case against accused persons more or less to some extent was also in the same line as that of the case of co-accused who have been acquitted

High Court set aside conviction and sentence awarded to accused persons by Trial Court and by extending benefit of doubt, they were acquitted of the charge

Appeal was allowed in circumstances.