“A chance witness, in legal parlance is the one who
claims that he was present on the crime spot at the
fateful time, albeit, his presence there was a sheer
chance as in the ordinary course of business, place of
residence and normal course of events, he was not
supposed to be present on the spot but at a place where
he resides, carries on business or runs day to day life
affairs. It is in this context that the testimony of chance
witness, ordinarily, is not accepted unless justifiable
reasons are shown to establish his presence at the crime
scene at the relevant time. In normal course, the
presumption under the law would operate about his
absence from the crime spot. True that in rare cases,
the testimony of chance witness may be relied upon,
provided some convincing explanations appealing to
prudent mind for his presence on the crime spot are put
forth, when the occurrence took place otherwise, his
testimony would fall within the category of suspect
evidence and cannot be accepted without a pinch of
salt”.
2015 SCMR 1142
Used In Judgment of
LAhore High Court
Criminal Appeal
113-15
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