| Case ID |
014aebcb-5aaf-4ac8-8a93-149378a45793 |
| Body |
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| Case Number |
Criminal Petition No. 2-R of 1987 |
| Decision Date |
Mar 26, 1988 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan declined to grant leave to appeal against the acquittal of the accused. The High Court had observed improbable features in the case, concluding that the crime against the accused was unwitnessed. The lack of evidence, particularly the absence of eye-witnesses at the time of the occurrence, undermined the prosecution's case. Additionally, injuries on the accused noted the following day were not satisfactorily explained by the prosecution. The High Court's thorough review of the evidence led to the conclusion that it was inadequate to support a murder charge against the accused. Thus, the leave to appeal was refused. |
| Summary |
This case revolves around a petition for leave to appeal against an acquittal under the Penal Code (XLV of 1860), specifically Section 302, pertaining to murder charges. The Supreme Court of Pakistan upheld the High Court's decision to acquit the accused based on the absence of credible evidence and the presence of improbable features in the prosecution's case. The key issues included the lack of eyewitnesses and unexplained injuries on the accused. The case highlights critical aspects of legal standards regarding evidence and the burden of proof in criminal proceedings. The decision reinforces the principle that an acquittal can only be overturned if there is compelling evidence to warrant a conviction. This case serves as a significant reference for future legal proceedings involving similar circumstances and the scrutiny of evidence presented in murder trials. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMAD HALEEM, C. J.,
NASIM HASAN SHAH,
SHAFIUR REHMAN, JJ
|
| Lawyers |
Not available
|
| Petitioners |
MUHAMMAD RAFIQUE
|
| Respondents |
SALEEM AKHTAR and others
|
| Citations |
1988 SLD 2379,
1988 SCMR 955
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
302,
185(3)
|