Citation Name: 2024 PCrLJ 1792 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Bilal vs State Ss

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Citation Name: 2024 PCrLJ 1792 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Bilal VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Salutary witness, evidence of---Hostile witness, evidence of---Scope conviction based on retracted confession---Accused was charged four committing murder of two persons by inflicting dagger blows---Incident was allegedly witnessed by two witnesses, who testified before the Court---Although one witness was declared hostile during the trial, his cross examination revealed an admission of commission of the occurrence and a reiteration of his previous statement under S.161, Cr.P.C, wherein he specifically nominated the accused as the sole perpetrator for the crime---Quality of evidence is of paramount importance, and the testimony of a single, honest, and reliable witness can form the basis of conviction if it transpires confidence and is found to be cogent and free from any blemish or suspicion of being fabricated---In the present case, despite initial hostility of one witness, his admission during cross examination lent credence to the prosecution's case---Statement of a hostile witness is to be viewed in the light of the circumstances of the case, and it must be ascertained what truth actually flows from his statement, whether favoring the prosecution or the defence---Evidence of a hostile witness is not to be discarded in its entirety but may be relied upon to the extent that it supports the case of the prosecution---Testimony of such witness is weighed along with the cumulative effect of the entire evidence presented---In the present case the accused's confession recorded by Judicial Magistrate, although retracted, remained a significant piece of evidence---Retracted confession could form the basis of conviction if it was found to be voluntary and true and was corroborated by other evidence---Record revealed that at the time of recording the statement of witness, the thumb impressions of the accused were also taken on the statement of said witness but no request or application was made for the verification of thumb impressions---A party contending that document does not contain his genuine thumb impression, should request Court for sending such document for comparison to concerned expert at his expense---Statement of Judicial Magistrate showed that he had recorded the statement of accused under S.164, Cr.P.C after observing all the legal formalities---Defence had not been able to discredit the prosecution's evidence or demonstrate any material discrepancies or contradictions that would render the eye-witnesses' accounts unreliable---Appeal was dismissed being devoid of merit, in circumstances.

Citation Name: 2024 PCrLJ 1792 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Bilal vs State Ss — 2024 PCrLJ 1792 QUETTA-HIGH-COURT-BALOCHISTAN

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