Police Investigation in Homicidal Cases: Critical Analysis of the Supreme Court Jurisprudence from 2007 to 2017
Homicide is one of the worst crimes. It is violation to the fundamental right of life that is protected under Article 9 of the Constitution of Pakistan, 1973. After a murder, it is duty of investigating officer to find out the criminal. Moreover, he is bound to collect evidence to assist court in deciding the case in a just manner. If he/she collects incomplete evidence then such omission will cause dreadful loss to the prosecution case. In homicidal cases, guilt cannot be established without sufficient evidence. Therefore, in many cases, accused is acquitted because of insufficient evidence. A number of times, heirs of victim suffered just because of investigating officer’s negligence and incompetency. In addition, another phenomenon is unavailability of eye witnesses. Eye witness has much importance in testimony but it is too difficult to have an eye witness in every murder case. That is why, prosecution tends to manage fake witnesses, who – later on at the stage of cross examination – are declared untrustworthy and whole structure of prosecution-case fells down. Owing to adversarial system in Pakistan, judges do not take pain to find missing portion of evidence. Nevertheless, it is a well settled law that judge should not act like a silent spectator. Police investigation in homicidal cases is the scope of this study. At the end, recommendations to sort out this issue are also given.