| Case ID |
14940063-807f-49be-aed9-7b91c283ff6d |
| Body |
View case body. Login to View |
| Case Number |
Petition for Leave to Appeal No.33 of 1986 |
| Decision Date |
Mar 07, 1989 |
| Hearing Date |
|
| Decision |
The petition for leave to appeal was dismissed as the Supreme Court found no merit in the case against the acquittal of the respondents. The High Court had acquitted the respondents due to several reasons including discrepancies in witness testimony, potential bias, and lack of credible recovery evidence. The decision emphasized that the eye-witnesses were disbelieved and that the motive presented was deemed insufficient to support the prosecution's case. The court concluded that the findings of the High Court were sound and justified, leading to the dismissal of the petition. |
| Summary |
The Supreme Court of Pakistan addressed the petition for leave to appeal concerning the acquittal of several respondents in a murder case. The case revolved around the murder of Muhammad Tufail, with the petitioner being the father of the deceased. The Supreme Court examined the evidence presented, including witness testimonies and recovery of weapons, and noted significant discrepancies. The court highlighted that the ocular evidence was not credible and conflicted with medical findings. The acquittal by the Lahore High Court was based on these inconsistencies, leading to the conclusion that the prosecution failed to prove its case beyond reasonable doubt. The Supreme Court upheld the High Court's ruling, resulting in the dismissal of the petition. This case underscores the importance of credible evidence and the standards of proof required in criminal trials. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZILLAH,
JAVID IQBAL,
S. USMAN ALI SHAH
|
| Lawyers |
Ch. Ikramul Haq Naseem, Advocate Supreme Court,
Sh. Salah-ud-Din, Advocate-on-Record,
M. Akhtar, Additional Advocate-General,
Abdus Samad Hashmi, Advocate Supreme Court
|
| Petitioners |
MUHAMMAD HASSAN
|
| Respondents |
MUHAMMAD ASGHAR,
Respondent No.2,
Respondent No.3,
Respondent No.4,
Respondent No.6,
Respondent No.5,
Muhammad Amin,
Respondent No.1
|
| Citations |
1990 SLD 732 = 1990 SCMR 669
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
149,
185(3)
|