Impartial? Not related to the deceased. Witness not related to the deceased does not necessarily prove that he is a witness of truth. Intrinsic worth of his statement is the test of his veracity. (DB) PLJ 1974 Cr.C. (Lah.) 98 Muhammad Iqbal.
Impartial looking witness. Impartiality of witnesses is to be considered in the context of whole prosecution evidence and their conduct. Eye-witnesses impartial, having no enmity with the accused, yet watching occurrence silently and calling none for help and not informing any one. Peculiar conduct of witnesses, held, made their evidence doubtful. (DB) 1973 P.Cr.LJ 1006 Jiwan etc.
Independent witness: or disinterested witnesses. The mere disinterestedness of a witness does not prove that he has come forward with a true statement. The statement itself has to be scrutinised thoroughly and it has to be seen as to whether in the circumstances of the cases the statement is reasonable, probable or plausible and could be relied upon. The principle that a disinterested witness is always to be relied upon even if his statement is unreasonable, improbable and not plausible, then it would lead to very dangerous consequences. (SC) 1977 SCMR 457 (465) Muhammad Rafiq.
Witnesses having no motive for false involvement of the accused not considered and their evidence was rejected without legal justification, and also the admission of the accused that the deceased died by their firing ignored by the court. Leave to appeal granted against acquittal. Case remanded for retrial to Sessions Court. 1996 SCMR 390, Khushi Muhammad.
No motive to falsely implicate the accused, by a witness, does not mean that the evidence of such a witness must be accepted. It has to be seen that the evidence of the witness is "inherently probable", and whether it is consistent with the circumstances of the case. (DB) PLJ 1996 Cr.C. (Kar.) 1364, Mushtaq Ali Kalhoro etc.
Want of interest in prosecution does not by itself stamp evidence of a witness with truth. Prosecution evidence to be considered on merits in each case. (DB) 1980 P.Cr.LJ 286 Amir.
Independent witness. Witness having no motive against accused but his presence at the spot unlikely. His name neither in F.I.R. nor in the inquest report. Witness not relied upon. 1980 SCMR 51 Amir Abdullah.
Absence of enmity and interest do not stamp the statement of a witness with truth. Intrinsic value of the statement has to be looked into. (DB) PLJ 1985 Cr.C. (Lah.) 345. Khakhi Jan etc.
Mere absence of enmity of a witness is not sufficient to bring home charge of murder against an accused when such witness is found inherently unreliable. 1984 SCMR 930. Muhammad Iqbal.
Not witnesses of truth. Eye-witnesses supporting prosecution in examination-in-chief but in cross-examination admitting every suggestion by the defence. Held, such are not the witnesses of truth. Strong corroboration required. (DB) PLJ 1977 Lah. 659 Gullan etc. v. Mureed.
Whether witnesses of truth. Corroboration must depend not only upon whether the witnesses are interested or disinterested but also upon whether the witnesses are witnesses of truth. 1977 SCMR 393 Haq Nawaz v. Sultan Khan etc.
Apparently independent. Simply because of witness has no enmity and appears to be independent, does not necessarily mean that what he states is not untrue. (DB) PLD 1974 Kar. 274 Nazir Muhammad.
No enmity with accused. The mere fact the witness had no previous animosity with the accused, held, is not sufficient to label him as a truthful witness. Court while testing veracity of a witness is to see whether version given by him was probable or not (DB) PLD 1976 Lah. 1403 Muhammad Farooq etc. (DB) PLJ 1976 Kar. 428 Abdul Ghafoor etc.
Not inimical-Impartial. A witness although not inimical to the accused yet not relied upon where case against the accused was not above suspicion. (DB) PLD 1964 Kar. 428 Daud. PLD 1970 Kar. 399 Pir Muhammad Khan.
Whether interested? Remote connection of prosecution witnesses as deceased's partner or mortgager or tenant does not make him an interested witness. (DB) 49 Cr.LJ 26 Gurdev Singh etc. v. Emp.
Witness neither related to complainant nor inimical to accused would not stamp his testimony necessarily with truth. Acid test of the veracity of a witness is the inherent merit of his own statement . 1995 SCMR 1627, Haroon alias Harooni.
Want of relationship with deceased or absence of enmity with accused does not stamp the statement of the witnesses with truth. Not difficult to procure false witnesses for love, money, Influence or pressure. Credibility of a witness to be judged form inherent value of his statement. (DB) PLJ 1988 Cr.C. (Lah.) 393 Muhammad Iqbal.
Witnesses not inimical towards accused cannot by itself sustain conviction of the accused when ingredients of the offence are missing. Prosecution must stand on its own legs. PLD 1988 FSC 3. Mahboob Hussain.