| Case ID |
09eac626-2583-4270-aec0-81f90b16025c |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 115 of 2010 and Murder Referen |
| Decision Date |
Mar 02, 2011 |
| Hearing Date |
Mar 02, 2011 |
| Decision |
The Peshawar High Court upheld the conviction of Sher Azam for the murder of Sadaqat Ali, affirming the death penalty awarded by the Trial Court. The court found that the confessional statement made by the accused was recorded in compliance with legal requirements and was corroborated by medical evidence and the recovery of the weapon. The court rejected the defense's claims regarding the retraction of the confession and the acquittal of a co-accused, clarifying that the circumstances surrounding each individual's involvement were distinct. The decision emphasized the sufficiency of the evidence presented, including the confession and supporting testimonies, to affirm the conviction and the death sentence. |
| Summary |
In the case of Sher Azam vs. The State, the Peshawar High Court examined the conviction of Sher Azam for the murder of Sadaqat Ali. The court's decision highlighted the importance of confessional statements and corroborating evidence in criminal proceedings. The ruling underscored that while the case was based on a retracted confession, the surrounding circumstances and corroborative medical evidence made the confession credible. The court dismissed the defense's arguments regarding the lack of witnesses and the acquittal of a co-accused, noting that the accused's confession was voluntary and legally sound. This case reaffirms the principles of evaluating confessions and the evidentiary standards required for conviction in murder cases, contributing to the discourse on criminal law and procedure in Pakistan. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Miftah-ud-Din Khan, Justice
|
| Lawyers |
Azmatullah Malik,
Abdul Wahid Khan,
Saeed Akhtar Khan
|
| Petitioners |
Sher Azam
|
| Respondents |
The State and Another
|
| Citations |
2011 SLD 2995,
2011 PCRLJ 844
|
| Other Citations |
1989 SC (FSC 43),
2008 SCMR 336,
2010 SCMR 55,
PLD 1976 Pesh. 135,
1992 SCMR 950,
PLD 2006 SC 354,
PLD 2005 SC 168,
2002 SCMR 1493,
1999 SCMR 1972,
1992 SCMR 1983,
2004 SCMR 477,
1995 SCMR 614,
PLD 1996 SC 1
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
109,
302(b),
164,
364,
43,
109
|