The litmus test to evaluate the veracity of the prosecution witnesses of ocular account depends being independent, reliable, trustworthy and confidence inspiring.

Pak Case Laws October 07, 2023

It is established that the statement of prosecution witnesses of the ocular account if contradictory to site plan it would have precedent over the distance mentioned in the site plan. Even otherwise, site plan is not a substantive piece of evidence having no legal sanctity. The purpose behind the preparation of site plan is to explain or give a glimpse of the occurrence in black and white enabling the concerned to appreciate the facts of the case in a more rational way.

Primarily the ocular account is always considered as principle evidence. The litmus test to evaluate the veracity of the prosecution witnesses of ocular account depends being independent, reliable, trustworthy and confidence inspiring. The evidence of the expert is only confirmative in nature. If there is contradiction in between the ocular account and medical evidence qua the number of injuries, the rule of thumb is that the preference would be given to the ocular account as the statement of prosecution witnesses of ocular account is always placed at a higher pedestal as compare to the medical evidence. The rationale behind such strict construction of the rule of thumb is that firstly, expert evidence is confirmatory in nature based upon opinion of an expert which can be influenced by so many factors (i) lack of expertise (ii) lack of knowledge (iii) defective technique (iv) variation in observation (v) lack of coordination with subordinate staff and possibility of obliging concession extended in favour of either of the party due to extraneous consideration.

The crime rate has at the verge of rise on day-to-day basis. The law breakers are adamants to take the law into their own hands such element, destroying the very fabric of the society must be dealt with iron hand. The instant occurrence is glaring example of the same and as such, no leniency can be extended to such like criminals.