Established principle of law that in the case of circumstantial evidence it remains incumbent upon the prosecution to establish unbroken chain of circumstances from the stage of last-seen evidence till death of the victim.

  8. Keeping in view the above noted material inconsistencies, discrepancies and deficiencies in the ocular account produced by the prosecution, it becomes crystal clear that the ocular account produced by the prosecution on the dimension of last-seen is neither confidence inspiring nor reliable. Prosecution has also failed to establish any reliable independent corroborative evidence in the shape of medical evidence to support the alleged circumstantial evidence. Last-seen evidence due to its inherent defects is fundamentally a weak type of evidence and the same fails to furnish any ground for conviction in the absence of any independent corroborative evidence. It is an established principle of law that in the case of circumstantial evidence it remains incumbent upon the prosecution to establish unbroken chain of circumstances from the stage of last-seen evidence till death of the victim. In the case of circumstantial evidence all pieces of evidence should be so linked that it should give picture of complete chain one corner of which should touch with the neck of the deceased and the other to the neck of the accused. Failure of one link destroys the entire charge. Reliance be made upon Altaf Hussain vs. Fakhar Hussain and another (2008 SCMR 1103).

 Part of Judgment

IN THE LAHORE HIGH COURT LAHORE

Criminal Appeal
2872-10

2015 LHC 6607