Ocular account of the two eye-witnesses had been rightly Disbelieved by the High Court, against the acquitted co-accused, who was alleged to have played a similar role in the occurrence---In such circumstances the same evidence could not be relied upon to convict the accused, unless there was an independent corroboration of it to the extent of his involvement in commission of the offence---
2021 SCMR 612
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Witness statements/evidence Disbelieved with respect to majority of the co-accused persons, relied upon by the High Court and Trial Court to convict the accused without any independent corroboration---Held, that fractional reliance to maintain solitary conviction of accused on the statements of witnesses Disbelieved qua their own assailants was an option fraught with potential risk of error and as such inconsistent with the principle of safe administration of criminal justice
2021 SCMR 471
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Accused and co-accused assigned similar role of strangling the deceased---Sameset of evidence forming basis of acquittal of the co-accused but conviction of accused---Held,that the evidence of prosecution qua the co-accused was rejected by the courts below and he was acquitted---Role assigned to the acquitted co-accused was inexorably intertwined with the accused's alleged participation in the crime, thus it would be unsafe to maintain the conviction of accused in such circumstances---Appeal was allowed and accused was acquitted of the charge of murder.
PLD 2019 SC 592
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When a set of witnesses was disbelieved to the extent of some accused the same could not be believed to the extent of remaining accused facing the same trial without there being any independent and strong corroboratio.
2019 SCMR 274
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Reliance upon evidence of witnesses disbelieved to extent of co-accused.
If some independent and strong corroboration was available, then the set of witnesses which had been disbelieved to the extent of acquitted co-accused could be believed to the extent of the accused.
2019 SCMR 79
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When the eye-witnesses had been Disbelieved against some accused persons attributed effective roles then the same eye-witnesses could not be believed against the co-accused attributed a similar role unless such eyewitnesses received independent corroboration qua the co-accused
2018 SCMR 34
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Once prosecution witnesses were Disbelieved with respect to a co-accused then, they could not be relied upon with regard to the other accused unless they were corroborated by corroboratory evidence which came from an independent source and was also unimpeachable in nature
2017 SCMR 486
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When the eye-witnesses produced by the prosecution were Disbelieved to the extent of one accused person attributed effective role, then the said eye-witnesses could not be relied upon for the purpose of convicting another accused person attributed a similar role, without availability of independent corroboration to the extent of such other accused
2017 SCMR 344
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If certain eye-witnesses were Disbelieved against some accused persons, who had been attributed effective roles, then the same eye-witnesses could not be relied upon to the extent of the other accused persons in the absence of any independent corroboration
2016 SCMR 1763
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Evidence---Rule of consistency---Accused convicted on same evidence that was not believed qua acquitted co-accused---Propriety---In the absence of strong corroboratory evidence, the accused could not be convicted on the same quality of evidence, which was Disbelieved qua the co-accused---When case of an accused was not distinguishable from that of the acquitted co-accused and the evidence was indivisible in nature then in the absence of strong corroboratory evidence, coming from independent source, the same could not be made basis for conviction qua the accused.
2015 SCMR 1142
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