All the above mentioned circumstances lead us to hold that the
prosecution’s case put forth mainly by Inam Gul (PW-3),
Muhammad Qadir Khan, alleged abductee (PW-5) and Muhammad
Yousaf Khan Khattak (PW-11) does not carry judicial certainty and
circumstantial confirmation, being so the same is not to be relied
upon as is held by the Hon’ble Supreme Court of Pakistan in the case
of Basharat v. The State (1996 SCJ 265) at page 270 as under: -
“9. …There is no judicial certainty or circumstantial
guarantee about the presence of the eye-witnesses on the spot.
On the other hand, there are cogent reasons to doubt that the
eye-witnesses were present on the spot and seen the
occurrence. So, there is no option but to exclude the ocular
evidence from consideration.”
Part of Judgment
LAHORE HIGH COURT RAWALPINDI BENCH, RAWALPINDI JUDICIAL DEPARTMENT
Criminal Appeal
109-09
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