| Case ID |
005f4616-396e-459e-a485-3b828579cfaf |
| Body |
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| Case Number |
Criminal Appeal No.232 of 1993 |
| Decision Date |
Nov 06, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the High Court's decision to set aside the acquittal of the accused and directed the retrial of the case. The Court emphasized that the High Court had the jurisdiction to intervene in cases of miscarriage of justice, particularly where the trial court had misread evidence or drawn erroneous conclusions. The Court reiterated that no hard and fast rules could limit the powers of the High Court in ordering retrials under Section 439 of the Criminal Procedure Code. The case was remanded to the Sessions Judge for retrial from the stage of hearing arguments, ensuring that the trial court's discretion remained unfettered. The decision highlighted the importance of adherence to principles established by superior courts regarding the appreciation of evidence in criminal cases. |
| Summary |
This case revolves around the appeal against the acquittal of the accused in a murder case, where the Supreme Court intervened to prevent a miscarriage of justice. The Court addressed critical issues regarding the powers of the High Court under Section 439 of the Criminal Procedure Code, emphasizing the importance of proper evidence appraisal. The ruling reiterated that retrials could be ordered when the initial trial was flawed, particularly in cases where evidence was misinterpreted or overlooked. The judgment serves as a significant precedent in ensuring that justice is served without undue limitations on judicial discretion. This case is crucial for legal practitioners and scholars interested in the nuances of criminal law and procedural justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIDIZZAMAN SIDDIQUI,
FAZAL KARIM,
MUKHTAR AHMAD, JUNEJO
|
| Lawyers |
Not available
|
| Petitioners |
Not available
|
| Respondents |
Not available
|
| Citations |
1996 SLD 210,
1996 PLD 152
|
| Other Citations |
PLD 1953 FC 223,
PLD 1985 SC 11,
1992 SCMR 489,
PLD 1955 FC 185,
PLD 1965 (W.P.) Pesh. 193,
PLD 1962 SC 249,
1988 SCMR 1691
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898)
|
| Sections |
302/34,
Art.185(3),
439
|