| Case ID |
00e0bd61-e018-4b7e-967f-3394fc5ac2cb |
| Body |
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| Case Number |
Criminal Appeal No.29(S) of 1987 |
| Decision Date |
Aug 07, 1988 |
| Hearing Date |
Aug 07, 1988 |
| Decision |
In the landmark decision dated August 7, 1988, the Supreme Court of Pakistan set aside the judgments of both the trial court and the Federal Shariat Court concerning Criminal Appeal No.29(S) of 1987. The appellant, Ayyaz Qayyum, was acquitted of the charge under section 377 of the Penal Code, P.P.C., based on the principle of benefiting from doubt. The court observed that the prosecution had failed to provide conclusive evidence against the appellant, particularly noting the infirmities in the victim's statement and the absence of supporting medical evidence. Additionally, the prosecution had relinquished a necessary witness, which further weakened their case. The court emphasized the importance of credible and robust evidence in upholding convictions, especially in sensitive cases involving allegations of sodomy. As a result of these judicial observations and the lack of compelling evidence, the appellant was granted acquittal, and his bail bond was discharged. This decision underscores the judiciary's commitment to ensuring justice through thorough and fair evaluation of evidence, safeguarding the rights of the accused against unfounded allegations. |
| Summary |
The Supreme Court of Pakistan, in Criminal Appeal No.29(S) of 1987, delivered a pivotal judgment on August 7, 1988, addressing critical aspects of the Penal Code and the Offence of Zina Ordinance. The case involved the appellant, Ayyaz Qayyum, who was initially convicted under section 377 of the Penal Code, P.P.C., for committing sodomy, an offense carrying significant legal ramifications. The prosecution's case hinged on the victim's statement, which was later deemed unreliable due to inconsistencies and potential coercion influenced by personal enmity. The absence of substantial medical evidence further undermined the prosecution's stance. Notably, the prosecution's decision to abandon a crucial witness raised concerns about the integrity of the evidence presented. The Federal Shariat Court had previously reduced the sentences but maintained the core convictions, reflecting the complexities of applying Sharia law in criminal matters. However, upon review, the Supreme Court recognized the deficiencies in the prosecution's evidence and the procedural lapses that led to reasonable doubt regarding the appellant's guilt. By granting the appellant acquittal, the court reinforced the importance of stringent evidence standards in criminal trials, especially in cases involving sensitive charges like sodomy. This judgment not only highlights the judiciary's role in ensuring fair trials but also serves as a precedent for evaluating evidence quality and the necessity of maintaining procedural rigor in legal proceedings. The decision underscores the balance between upholding societal morals under the Penal Code and safeguarding individual rights against unfounded accusations, thereby contributing significantly to the legal discourse on criminal justice in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Shariat Court,
Rawalpindi,
Additional Sessions Judge, Rawalpindi,
Haroon Afzal P.W.,
Shahzad P.W.,
Muhammad Wazu P.W.,
Civil Hospital, Gujar Khan
|
| Judges |
NASIM HASAN SHAH,
PIR MUHAMMAD KARAM SHAH,
MUHAMMAD TAQI USMANI
|
| Lawyers |
Raja Muhammad Akram,
Manzoor Elahi,
Parvaiz Alamgir
|
| Petitioners |
AYYAZ QAYYUM
|
| Respondents |
THE STATE
|
| Citations |
1989 SLD 547,
1989 SCMR 418,
1989 SLD 1103
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance, 1979,
Penal Code (XLV of 1860)
|
| Sections |
12,
377
|