A chance witness, in legal parlance is the one who claims that he was present on the crime spot

 The testimonies of both the eyewitnesses, being chance witnesses, cannot be accepted without a pinch of salt. In this regard we respectfully refer the case law reported as Mst.Sughra Begum and another v. Qaiser Pervez and others (2015 SCMR 1142) wherein the Hon’ble Supreme Court of Pakistan has laid down the following dictum:- 

“14. 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 convicting 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.”

Part of Judgment

THE LAHORE HIGH COURT, LAHORE

Murder Reference
642-10

2015 LHC 7528