| Case ID |
0391b78b-52ad-427c-8203-5e406892a4aa |
| Body |
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| Case Number |
Criminal Petition No.106-R of 1983 |
| Decision Date |
Dec 10, 1984 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the judgment of acquittal passed by the Lahore High Court. The case involved the murder of Munir Akhtar, where the accused was initially convicted but later acquitted due to insufficient evidence. The court found that the eyewitness accounts were not credible, and the dying declaration was deemed unreliable, leading to the conclusion that the prosecution had failed to prove its case beyond a reasonable doubt. |
| Summary |
In the case of Criminal Petition No.106-R of 1983, the Supreme Court of Pakistan addressed the appeal against the acquittal of Shah Fakhar Zaman, who was accused of murdering Munir Akhtar. The case revolved around eyewitness testimonies and the validity of a dying declaration. The court emphasized the importance of credible evidence, highlighting the doubts surrounding the eyewitness accounts. The medical evidence indicated that the victim may not have been capable of providing reliable testimony due to severe injuries. The Supreme Court ultimately upheld the High Court's decision, reinforcing the principle that the burden of proof lies with the prosecution. This case is significant in understanding the judicial approach to evidence evaluation in criminal proceedings, particularly in murder cases where eyewitness reliability is critical. The ruling underlines the necessity for thorough investigation and corroborative evidence in securing convictions. Legal professionals and scholars can draw lessons from this case regarding the intricacies of criminal law and the standards required for a successful prosecution. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SMUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH,
M. S H . QURAISHI
|
| Lawyers |
Not available
|
| Petitioners |
MUHAMMAD BANARAB
|
| Respondents |
SHAH FAKHAR ZAMAN
|
| Citations |
1985 SLD 499,
1985 SCMR 505
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code
|
| Sections |
302
|