| Case ID |
039fdb7b-2e7f-4178-b538-16f19368ad14 |
| Body |
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| Case Number |
Criminal Appeal No. 58 of 1994 |
| Decision Date |
Nov 21, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan accepted the appeal filed by Liaquat, acquitting him of the charges under sections 148 and 149 of the Penal Code. The Court found that the conviction under section 149 was misconceived, as it is merely an enabling provision and not a substantive offence. The trial court's judgment was flawed as it convicted only one of the five accused under section 302 while others were convicted under section 307 without establishing a common unlawful assembly. The Court noted that the trial court had not found the accused to be members of an unlawful assembly using force or violence, which is necessary for a conviction under section 148. Consequently, the Supreme Court overturned the lower court's decision and acquitted the appellant, who had already served his sentence. |
| Summary |
This case revolves around the appeal of Liaquat against his conviction under sections of the Penal Code for murder and rioting. The Supreme Court analyzed the principles of criminal liability concerning unlawful assembly and individual actions during riots. The court highlighted that to convict an individual under section 148, it must be proven that they were part of an unlawful assembly committing violence. The case emphasizes the importance of clear evidence in establishing membership in an unlawful assembly and the distinct nature of substantive offences versus enabling provisions in law. The appeal was fundamentally about the interpretation of sections 148 and 149 of the Penal Code, leading to a significant ruling on the nature of rioting and the requirements for conviction in such cases. Keywords: Supreme Court, Criminal Appeal, Penal Code, unlawful assembly, rioting, conviction, acquittal. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ZIA MAHMOOD MIRZA,
MUHAMMAD MUNIR KHAN,
MUHAMMAD BASHIRJEHANGIRI
|
| Lawyers |
Malik Rab Nawaz Noon, Advocate,
Ch. Akhtar Ali Advocate-on-Record,
Shaikh Muhammad Naeem, Advocate
|
| Petitioners |
LIAQUAT
|
| Respondents |
THE STATE
|
| Citations |
1996 SLD 224,
1996 PLD 219
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
148,
149,
302,
307
|