Credible Eyewitness Testimony carries more weight than Minor Discrepancies in Medical Evidence --- Supreme Court of Pakistan

Islamabad 22-03-2025: The Supreme Court of Pakistan dismissed a criminal petition challenging the conviction of accused person in a murder case, reaffirming that credible eyewitness testimony carries more weight than minor discrepancies in medical evidence.  

The case, titled Akbar Saeed Vs. The State and Another [Criminal Petition No.1366 of 2018], originated from a private complaint under Sections 302(b) and 34 of the Pakistan Penal Code (PPC). The Lahore High Court had upheld the Appellant’s life imprisonment sentence for the murder of deceased. Aggrieved by the decision, the appellant sought relief from the Supreme Court of Pakistan, which ultimately refused leave to appeal.  

Key Observations by the Supreme Court of Pakistan:   

1. The Court emphasized that direct and consistent testimony from two eyewitnesses (PW.11 & PW.12) was sufficient for conviction.   
2. Reliance was placed on Asfandiyar Vs. The State (2021 SCMR 2009) and Muhammad Abbas Vs. The State (2023 SCMR 487), which establish that false implication is rare in murder cases.   
3. The defense argued that the entry and exit wounds in the medical report did not align with eyewitness accounts.  
4. The Court, citing Ali Taj Vs. The State (2023 SCMR 900), ruled that eyewitness accounts are more reliable than medical inconsistencies, especially when the victim moves during an attack.   
5. The Court dismissed defense claims of minor inconsistencies, ruling that only material contradictions affect credibility.  
6. Reference was made to Saeedullah Khan (1996 SCMR 1026) and Abid Ali Vs. The State (2011 SCMR 208), which hold that slight variations in witness testimony are natural.   
7. The defense challenged the limited number of witnesses in the case.  
8. The Supreme Court of Pakistan reiterated that the intrinsic value of evidence is more important than the number of witnesses, as held in Abid Ali Vs. The State (2011 SCMR 208).  
9. The Supreme Court of Pakistan found no misreading or non-reading of evidence by the lower Courts.  
10. The Petition was dismissed, and leave to appeal was refused.   

The conviction of accused person under Section 302(b) PPC was upheld, and he will continue serving life imprisonment. The ruling sets a strong precedent favoring the reliance on credible eyewitnesses in criminal trials, reinforcing the principles of justice and evidentiary assessment in Pakistan’s legal system.

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