| Case ID |
042925b3-74ad-44f0-94ac-778b8cd591ed |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No.240-L of |
| Decision Date |
Aug 02, 1995 |
| Hearing Date |
Aug 02, 1995 |
| Decision |
The Supreme Court granted leave to appeal to consider whether the reliance on the testimony of two police officials was appropriate, especially in light of the availability of other witnesses at the bus stand. The Court also deliberated on whether the prosecution successfully established that the petitioner was aware that the gun in his possession was stolen. The petitioner had been convicted under section 412 of the Penal Code for possessing a gun that was allegedly taken during a dacoity, but the Lahore High Court later modified the conviction to section 411 due to insufficient evidence regarding the petitioner's knowledge of the gun's stolen status. The Supreme Court indicated that the petitioner must first surrender to the trial court before proceeding further. |
| Summary |
This case revolves around the issues of criminal liability concerning possession of stolen property under the Penal Code of Pakistan. The Supreme Court of Pakistan examined the evidentiary standards required to establish the knowledge of the accused regarding the stolen status of the items in question. The decision emphasizes the necessity for robust evidence and the principles of justice, particularly in criminal proceedings. The case highlights the importance of witness credibility and the implications of relying solely on police testimonies without corroborative evidence. It also underscores the legal framework surrounding dacoity and the possession of stolen goods, providing a critical analysis for legal practitioners and scholars. The ruling is significant for understanding the balance between judicial discretion and statutory requirements in criminal law, making it a key case for future references in similar legal contexts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUNIR KHAN,
MIR HATAR KHAN KHOSO
|
| Lawyers |
Rana Ijaz Ahmad Khan,
Syed Abul Aasim Jaferi
|
| Petitioners |
AFTAB ALI
|
| Respondents |
THE STATE
|
| Citations |
1997 SLD 673,
1997 SCMR 909
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
411,
412,
185(3)
|