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15. The Pakistan Penal Code, 1860 (PPC) contains many offences dealing
with perjury and giving false testimony. The very fact that there is a
whole chapter, numbered XI, dedicated to such offences amply testifies
to the fact that matters relating to giving of testimony were taken very
seriously by those who drafted the PPC and their continued retention in
the PPC ever since reflects the will of the legislature, which is the chosen
representative body of the people of Pakistan through which they
exercise their authority within the limits prescribed by Almighty Allah.
The following sections, listed under Chapter XI titled “Of False Evidence
And Offences Against Public Justice”, highlight the fact that giving false
testimony has been treated to be a very serious matter entailing some
serious punishments.
16. It can be seen from the analysis of the judgments mentioned above
that the main reasoning given for not applying the rule relates to
the social conditions prevalent in the country. It seems that
because it was felt by the superior Courts that generally witnesses
testifying in criminal cases do not speak the whole truth and have
a tendency to exaggerate or economise with the real facts, there is
a danger of miscarriage of justice in the sense that a real culprit
may go scot free if a court disbelieves the whole testimony on
account of reaching the conclusion that the testimony was false in
some respect. With all due respect, we feel that such an approach,
which involves extraneous and practical considerations, is
arbitrary besides being subjective and the same can have drastic
consequences for the rule of law and dispensation of justice in
criminal matters.
22. The office of this Court is directed to send a copy of this order to
the Registrars of all the High Courts in the country with a direction
to send a copy of the same to every Judge and Magistrate within
the jurisdiction of each High Court handling criminal cases at all
levels for their information and guidance.