Credibility

2023 YLRN 74 PESHAWAR-HIGH-COURT Judicial Precedent

WitnessCredibilityScope

Not necessary that there should be numerous infirmities; if there was one which impeached the credibility of the witness that might be made the entire statement doubtful.

2021 PCrLJ 1256 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

WitnessCredibility

If a witness who told lie about any material fact must be disbelieved as to all other facts.

2020 MLD 1267 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

WitnessCredibility

If a witness has lied on one point, his testimony will lose its credibility and could be ruled out from consideration.

2018 YLRN 59 PESHAWAR-HIGH-COURT Judicial Precedent

Ss. 302, 324, 427 & 34Qatl-i-amd, attempt to commit qatl-i-amd, mischief, common intentionAppreciation of evidenceInjured witnessCredibility

Mere presence of stamp of injuries on the person of a witness was not a yardstick for determining the truthfulness or falsehood of a witness

Every injured witness would not speak the truth and every unhurt eye-witness would not tell a lie

Circumstances of the case and intrinsic worth of the statement would determine the veracity and credibility of the witness, which could be assessed in the light of attending circumstances of each case.

2018 YLRN 272 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 302(b), 337-H(2), 504, 148 & 149Qatl-i-amd, hurt by rash or negligent act, intentional insult with intent to provoke breach of the peace, riotingAppreciation of evidenceNatural witnessCredibilityScopeOcular testimony furnished by the complainant and eye-witnesses, was corroborated by medical evidence

Incident having taken place in daylight at 06.00 a.m., availability of eye-witnesses at the venue of occurrence at the relevant time was quite natural

Said witnesses could not be termed to be 'chance witnesses', but fell within category of 'natural witnesses' and evidence of a 'natural witnesses' carried worth, because his presence at the spot in support of his claim to have witnessed the incident, was not disputed

All said eye-witnesses had sufficiently explained the date, time and place of occurrence as well as each and every event of occurrence in clear manner

Said witnesses had also explained the mode and manner the occurrence took place qua the culpability of accused persons

Confidence of such witnesses could not be shattered in lengthy cross-examination, they remained consistent on all material points

Parties being known to each other, there was no chance of mistaken identity of accused

Mere relationship of said eye-witnesses with the deceased would not support the plea of accused persons that their testimonies were not worth believing

Nothing had come on record by the defence, which could make it believable that there had been such a grave reason for the sons to involve accused persons at the cost of safe escape of killer of their father

Minor discrepancies in statements of all said eye-witnesses were not enough to demolish the case of prosecution, because discrepancies always occurred on account of lapse of time, which could well be ignored

All the injuries were caused by discharge from firearm and were ante-mortem in nature

Report of Chemical Examiner with regard to empties of T.T. pistol and blood stained earth, was positive

Prosecution had successfully proved its case against accused persons

Defence had failed to point out any illegality or serious infirmity committed by Trial Court while passing impugned judgment, which was based on appreciation of evidence and same did not call for any interference by High Court

Conviction and sentence awarded to accused persons by the Trial Court were maintained and appeal dismissed.

2017 PCrLJ 1012 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 497Control of Narcotic Substances Act (XXV of 1997), S. 9(c)Possession of narcotic substanceBailPolice witnessesCredibility

­Private persons were asked to act as witnesses in the case but they refused due to fear of narcotic paddlers; police officials were therefore, associated as witnesses

Members of police force were competent witnesses in the eyes of law and could be credited with veracity unless they were demonstrated to be false witnesses having maliciously involved an innocent person in the commission of offence for ulterior motives.

2017 PCrLJ 605 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss.324, 353, 392 & 34Anti-Terrorism Act (XXVII of 1997), S.7

Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of duty, robbery, common intention and terrorism

Appreciation of evidence

Benefit of doubt

Statement of injured witness

Credibility

Prosecution produced witness as eye-witness who received injuries during the occurrence

Validity

Mere injuries on a prosecution witness, at the most, could only be indicative of his presence at the spot but was not affirmative proof of his credibility and truthfulness

Said witness had not claimed to have seen the culprits or that culprits were already known to them

Said witness had not participated in the identification parade

Injured witness appeared before the Medical Officer after the lapse of more than six months from the time of alleged receipt of injuries and had claimed to have sustained injuries on the day of occurrence

Prosecution was under obligation to have produced some material to substantiate that injured witness did receive injuries on the day of occurrence, which it failed to do

Evidence of said witness was not even confidence inspiring but had increased the dent in the prosecution case

Appeal was allowed and conviction and sentences recorded by the Trial Court against accused were set aside in circumstances.

2016 PCrLJ 313 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

WitnessCredibilityPrinciple

Witness cannot be believed merely on the basis of an articulate rendition unless his deposition is blended with probability with a ring of truth.

2015 PCrLJ 1032 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 302(b)Qatl-i-amdAppreciation of evidenceWitnessCredibilityPrinciple

Mere fact that a witness is closely related to accused or deceased or he is not related to either party, is not the sole criteria to judge his independence or to accept or reject his testimony

True test is whether evidence of witness is probable and consistent with circumstances of case or not.

2014 PLD 531 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Art. 218(3)Election CommissionElection processCredibility

For the discharge of its duties, the Election Commission must possess autonomy, authority, independence and sanctity to ensure that the election process conducted by the Election Commission enjoyed respect and credibility.

2014 PCrLJ 611 KARACHI-HIGH-COURT-SINDH Judicial Precedent

WitnessInjured witnessCredibilityPrinciple

Credibility of witness which matters and not mere injuries on his person to give him status of truthful witness.

2013 YLR 1257 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 302(b)/149 & 324/149Qatl-e-amd, attempt to commit qatl-e-amdAppreciation of evidenceInjured witnessCredibility

Injuries on a prosecution witness only indicate his presence at the spot, but the same are not an affirmative proof of his credibility and truth.