| Case ID |
047f7e7a-849b-4cb9-b27b-934f47bc2980 |
| Body |
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| Case Number |
Criminal Appeal No. 76 of 1956 |
| Decision Date |
Dec 13, 1956 |
| Hearing Date |
Dec 13, 1956 |
| Decision |
The appeal of the appellants against their conviction under section 396 of the Pakistan Penal Code was dismissed, but the sentence of death was commuted to transportation for life, except for one appellant. The evidence presented during the trial, including witness identification and the recovery of stolen property, was deemed sufficient to uphold the convictions of the identified appellants. The court found that the identification of the accused was reliable and corroborated by the recovery of stolen items. One appellant's conviction was altered from section 396 to section 412 due to insufficient identification evidence. Overall, the decision reinforced the importance of corroborative evidence in criminal cases. |
| Summary |
This case revolves around a dacoity that occurred on December 28, 1954, where three pedlars were attacked by armed assailants. The Supreme Court of Pakistan, in its decision on December 13, 1956, addressed the appeal of six individuals convicted under the Pakistan Penal Code, specifically sections 396 and 412. The court discussed the significance of witness identification and the recovery of stolen property as crucial evidence for the convictions upheld. The judgment emphasized that while some discrepancies existed in the identification process, the overall evidence was compelling enough to support the convictions, except for one individual whose conviction was modified. This case underscores the complex nature of criminal law, the reliance on eyewitness accounts, and the necessity of corroborative evidence, making it a pivotal reference point in the legal landscape. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
M. SHAHABUDDIN,
A. R. CORNELIUS,
MUHAMMAD SHARIF,
AMIRUDDIN AHMAD
|
| Lawyers |
Mushtaq Hussain Khan,
S. A. Mahmood
|
| Petitioners |
Others,
MUHAMMAD SHAM
|
| Respondents |
THE STATE
|
| Citations |
1969 SLD 279,
1969 SCMR 860
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
396,
412
|