Oral statements of eye-witnesses there is nothing on record

5. From the above mentioned findings, it is clear that the above named eye witnesses, were disbelieved. In this way, when the alleged eye witnesses have already been disbelieved qua involvement of the above named co-accused, then for believing them against the appellant, some strong and independent corroboration is required, which in the present case is missing. In this regard, reliance may be made to the case titled ”Muhammad Akram versus The State” reported as 2012 SCMR 440, wherein the august Supreme Court of Pakistan has held as under:- 

”Except for the oral statements of eye-witnesses there is nothing on record which could establish the presence of  both the eye-witnesses at the spot and as their presence at the spot appears to be doubtful, no reliance could be placed on their testimonies to convict the appellant on a capital charge. Since the same set of evidence has been disbelieved qua the involvement of Muhammad Aslam, a such, the same evidence cannot be relied upon in order to convict the appellant on a capital charge as the statements of both the eye-witnesses do not find any corroboration from any piece of independent evidence.”

Part of Judgment

THE LAHORE HIGH COURT RAWALPINDI BENCH, RAWALPINDI

Criminal Appeal
91-J-16

2017 LHC 4946