Case ID |
0ab8b6d4-5b50-4ecd-8e64-6f1fc6a14353 |
Body |
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Case Number |
Criminal Appeal No. 67-L of 2011 |
Decision Date |
Jul 14, 2011 |
Hearing Date |
Jul 14, 2011 |
Decision |
The Supreme Court of Pakistan allowed the appeal of Zahid Pervaiz, set aside the convictions and sentences awarded by the Trial Court and upheld by the Lahore High Court. The appellant was acquitted of the charges due to lack of independent corroboration of evidence, as no specific injury had been attributed to him and the witnesses were found to be inimical towards him. The Court emphasized that the prosecution's motive was vague and unproven, and no weapon was recovered from the appellant's possession. The verdict highlighted the critical importance of reliable evidence in criminal cases and underscored the principle of benefit of doubt in favor of the accused. |
Summary |
In the case of Zahid Pervaiz vs The State, the Supreme Court of Pakistan dealt with a criminal appeal concerning the conviction of the appellant for attempted murder and related charges under the Penal Code. The Court concluded that the evidence presented was insufficient to sustain the conviction due to the lack of specific allegations against the appellant, the vague motive of the prosecution, and the absence of corroborative evidence. The judgment reiterated the legal principle that the benefit of doubt must be afforded to the accused, leading to the acquittal of Zahid Pervaiz. This case highlights the necessity for clear and compelling evidence in criminal proceedings and the judicial commitment to uphold the rights of the accused. Legal practitioners and law students studying this case can gain insights into the standards of evidence required for a conviction and the significance of motive in criminal law. Additionally, the case serves as a precedent for future cases involving similar circumstances, reinforcing the judiciary's role in ensuring justice. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Not available
|
Judges |
MAHMOOD AKHTAR SHAHID SIDDIQUI,
ASIF SAEED KHAN KHOSA
|
Lawyers |
Ch. Nazir Ahmad Kamboh, Advocate Supreme Court for Appellant,
Asjad Javaid Ghural, Additional Prosecutor-General, Punjab for the State,
Nemo for Respondent No.2
|
Petitioners |
ZAHID PERVAIZ
|
Respondents |
THE STATE,
others
|
Citations |
2012 SLD 1360,
2012 SCMR 56
|
Other Citations |
Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11,
Sarfraz alias Sappi and 2 others v. The State 2000 SCMR 1758,
Iftikhar Hussain and others v. The State 2004 SCMR 1185,
Akhtar Ali and others v. State 2008 SCMR 6
|
Laws Involved |
Penal Code (XLV of 1860)
|
Sections |
324,
337-F(i),
337-F(iii)
|