جج کو یہ اختیار ھے کہ وہ گواھ کی گواھی کہ بارے میں ظاھری اور خفیہ انکوائری بھی کروا سکتہ ھے سپریم کورٹ کا تاریخی فیصلہ۔

2022 SCMR 1187

 Penal Code ( XLV of 1860 ) ---

Ss. 302 ( a ) & 304 --- Qall - i - amd liable to qisas - Witness , credibility of - Tazkiya - tul - shahoodModes to ascertain the credibility of a witness on the touchstone of tazkiya - tul - shahood explained .

The primary / foremost qualification for a person to appear as a truthful witness in a case falling under ' qisas ' is that he must fulfill the condition of tazkiya - tul - shahood . In ordinary meanings , it is an accepted rule of tazkiya - tul - shahood , that the credibility of the witness shall be examined through credible person of the same walk of life to which the witness belongs . Tazkiya - tul - shahood also entails an open and confidential inquiry regarding the conduct of the witness to ascertain whether the witness is credible or otherwise . The word ' from the same walk of life ' is most essential attribute regarding this aspect . However , there are two modes provided to evaluate tazkiya - tul - shahood , ( i ) open , ( ii ) confidential . To ascertain the credibility of a witness on the touchstone of tazkiya - tul - shahood , the Judge is under an obligation to inquire the credentials of the witness proposed to testify during the court proceedings to adjudge his truthfulness . Likewise , he can also adopt the way of secret inquiry to further satisfy his conscience about the credibility of the witness , for which he can delegate / appoint someone else to ascertain the truthfulness of the person claiming acquaintance with the facts and circumstances of the case . There is no constraint that with the changing situation in the advanced era , the modern devices / technical assistance can also be utilized to gauge the piousness of the witness to arrive at a conclusion which endorses the believability qua the character of the witness by the Presiding Officer.