| Case ID |
0f6c9b94-7cb4-4492-b45e-062d14971477 |
| Body |
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| Case Number |
Crl. P. No. 187 of 2005 |
| Decision Date |
Jan 18, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the conviction of the petitioner, Sikandar, for the murder of Gul Shahzada. The Court upheld the findings of the trial Court and the High Court, which relied on direct eyewitness testimony, corroborated by physical evidence from the crime scene. The absence of medical evidence was deemed inconsequential since the charge of murder was sufficiently established through credible eyewitness accounts. The petitioner was sentenced to life imprisonment along with a fine, part of which was awarded to the legal heirs of the deceased. The Court found no merit in the arguments presented by the defense regarding the credibility of the witnesses and procedural delays, affirming the lower courts' conclusions and dismissing the appeal. |
| Summary |
In this pivotal case, the Supreme Court of Pakistan addressed the crucial aspects of evidence in murder trials, particularly the significance of eyewitness testimony versus medical evidence. The petitioner, Sikandar, was convicted under Section 302(b) of the Pakistan Penal Code for the murder of Gul Shahzada, with the trial and High Courts finding the eyewitness accounts credible and reliable. The absence of a postmortem examination did not weaken the prosecution's case, as direct evidence from multiple eyewitnesses, including family members, provided a solid foundation for the conviction. The Court emphasized that eyewitness testimony can be sufficient to establish guilt beyond a reasonable doubt, even in the absence of corroborating medical evidence. This case reinforces the principles of justice and the importance of credible witness accounts in the judicial process. Legal practitioners and scholars should take note of the implications of this ruling for future cases involving similar circumstances, especially regarding the treatment of eyewitnesses and the evidentiary standards required for convictions in murder cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NAWAZ ABBASI,
RAJA FAYYAZ AHMED
|
| Lawyers |
Mr. Akbar Khan Swati,
Ch. Akhtar Ali
|
| Petitioners |
SIKANDAR
|
| Respondents |
another,
STATE
|
| Citations |
2007 SLD 3241,
2007 PLJ 4
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Constitution of Pakistan, 1973
|
| Sections |
302(b),
185(3)
|