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 many factors like ,

2023 SCMR 2016

  Qatl-i- amd --- Medical evidence --- Contradiction between ocular account of witnesses and injuries observed by expert (doctor) -- Preference - Primarily the ocular account is always considered as principle evidence --- Litmus test to evaluate the veracity of the prosecution witnesses of ocular account depends on them being independent , reliable . trustworthy and confidence inspiring --- Evidence of the expert is only confirmative in nature --- If there is contradiction 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 nedestal as compared to the medical evidence --- 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 many factors like ,

(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 extending concession in favour of either of the parties due to extraneous considerations .