The proper and legal way of dealing with a criminal case is that the Court should first discuss the prosecution case/evidence to come to an independent finding about the reliability of the prosecution witnesses, particularly the....

Pak Case Laws May 08, 2024

The proper and legal way of dealing with a criminal case is that the Court should first discuss the prosecution case/evidence to come to an independent finding about the reliability of the prosecution witnesses, particularly the eye-witnesses and the probability of the story told by them, and then examine the statement of the accused under section 342, Cr.P.C; the statement under section 340(2), Cr.P.C. and the defence evidence. If the Court disbelieves the prosecution evidence, then the Court must accept the statement of the accused as a whole without scrutiny. If the statement under section 342, Cr.P.C. is exculpatory, then the accused must be acquitted. If the statement under section 342, Cr.P.C. believed as a whole, constitutes some offence punishable under the law, then the accused should be convicted for that offence only. In the case of counter versions, if the Court believes the prosecution evidence and is not prepared to exclude the same from consideration, it will not straightaway convict the accused but will review the entire evidence including the circumstances appearing the case at the close before reaching a conclusion regarding the truth or falsity of the defence plea/version All the factors favouring belief in the accusation must be placed in juxtaposition to the corresponding factors favouring the plea in defence and the total effect should be estimated in relation to the questions viz. is the plea/version raised by the accused satisfactorily established by the evidence and circumstances appearing in the case? If the answer is in the affirmative, then the Court must accept the plea of the accused and act accordingly. If the answer to the question is negative, then the Court will not reject the defence plea as being false but will go a step further to find out whether or not there is yet a reasonable possibility of the defence plea/version being true. If the Court finds that although the accused has failed to establish his plea/version to the satisfaction of the Court but the plea might reasonably be true, even then the Court must accept his plea and acquit or convict him accordingly.