PEER BUX alias PEERAL vs MUSHTAQUE AHMAD arts — 2023 CLC 1933 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 1933 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: PEER BUX alias PEERAL vs MUSHTAQUE AHMAD arts
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PEER BUX alias PEERAL VS MUSHTAQUE AHMAD arts.132 & 133---Examination and cross-examination of witness---Evidence of a witness has to be looked into as a whole, especially the cross-examination so as to ascertain the veracity and truth of his assertion in his examination-in-chief---This is the only way the Court can appreciate the evidence of a witness, and if not, then every witness will take benefit of his examination-in-chief, which at times would not depict the true facts which can only come through his cross-examination---Court has to adopt the proper way while appreciating the evidence of a witness---Picking and choosing of minor portion of a statement does not amount to pragmatic and positive inference and approach---Court is supposed to draw a conclusion keeping in view the substance of entire deposition of witness and one sentence cannot be torn out of context---While considering the evidence as a whole and arriving at a certain conclusion on the basis thereof, there are three things which are kept in view; the volume of evidence, the weight of the evidence and the probability of evidence---It is the cumulative effect of all the three aspects of the evidence that finally determines a certain question of fact.

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