| Case ID |
0940df7d-6c7f-44e1-b3f4-6c49c6916e34 |
| Body |
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| Case Number |
K-5 of 1972 |
| Decision Date |
Feb 16, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition challenging the High Court's decision to set aside the acquittal of the petitioner. The court found that the High Court properly appreciated the evidence and had sufficient grounds to overturn the trial court's acquittal, which was deemed unjustified given the straightforward evidence presented. The court emphasized that it does not typically engage in re-evaluation of evidence unless there is a substantial disregard for established legal principles, which was not found in this case. |
| Summary |
In the case of Jumo vs. The State, the Supreme Court of Pakistan addressed the appeal against the acquittal of the petitioner under section 377 of the Pakistan Penal Code, concerning the act of sodomy on a minor. The High Court had set aside the acquittal by the trial court after a thorough examination of the evidence, which included forensic findings that confirmed the commission of the act shortly after it occurred. The Supreme Court upheld the High Court's decision, reinforcing the importance of proper evidence appreciation and the role of the appellate courts in reviewing trial court decisions. The ruling highlighted the necessity for the High Court to consider the credibility of the evidence while also respecting the trial court's observations. This case serves as a significant reference for legal precedents involving sexual offenses and the parameters for overturning acquittals in the Pakistani legal system. Key terms include sodomy, acquittal, evidence appreciation, and section 377 of the Pakistan Penal Code. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
WAHIDUDDIN AHMAD, J
|
| Lawyers |
N.K Jatoi, Advocate Supreme Court,
M.I Memon, Advocate-on-Record
|
| Petitioners |
JUMO
|
| Respondents |
THE STATE
|
| Citations |
1973 SLD 34,
1973 SCMR 82
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
377
|