"Possibility of fabrication cannot be ruled out "

2021 SCMR 387 

میڈیکل بورڈ کی تشکیل اور اسکی زخم کے بارے میں رائے کہ

"Possibility of fabrication cannot be ruled out "

کی قانونی حیثیت کے بارے میں سپریم کورٹ آف پاکستان کا انتہائی اھم فیصلہ

The first medical examination was protected by statutory presumption of being genuine under Article 129(e) of the Qanun-e-Shahdat Order, 1984as well as under Article 150 of the Constitution of the Islamic Republic of Pakistan, 1973. Such formidable statutory protectionscannot be summarily dismantled on the whims of an accused struggling to ward offconsequences of criminal prosecution, therefore, a Magistrate must insist for tangible and sufficient grounds to plausibly justify exposure of a person already wronged to the inconvenience and embarrassment of a re-examination,

Even otherwise, observation By Medical Board that possibility of fabrication/fall cannot be ruled out is a judgment resting upon the brink of hypothetical possibilitythat by itself cannot override positive findings earlier unanimously recorded by the medical officerswho attended the injured; possibilities are infiniteand cannot dislodge proof.The opinion is also devoid of any objective finding and, thus, we do not feel inclined to receive the half-cookedhypothesis of fabrication/fall as a fresh ground in circumstances.