| Case ID |
15102ce5-55fb-4043-9a39-f7b77d7fe1ee |
| Body |
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| Case Number |
Criminal Appeal No.134 of 1990 |
| Decision Date |
Nov 07, 1991 |
| Hearing Date |
|
| Decision |
The appeal was accepted, overturning the High Court's judgment. The conviction and sentences awarded by the Additional Sessions Judge were restored, confirming the life imprisonment for the accused under Section 302/34, 5 years' R.I. under Section 307/34, and 2 years' R.I. under Section 457/34 of the Pakistan Penal Code. The court held that the delay in lodging the First Information Report (FIR) was not fatal to the prosecution case, as the complainant prioritized medical treatment for the injured. The court affirmed the reliability of the dying declaration and the testimony of the complainant, ruling that the evidence presented by the prosecution was sufficient to establish the guilt of the accused beyond a reasonable doubt. |
| Summary |
In the case of Mst. Shamim Akhtar vs Fiaz Akhtar and others, the Supreme Court of Pakistan addressed critical issues surrounding the admissibility of evidence in criminal proceedings, particularly focusing on the validity of dying declarations and the implications of delays in reporting crimes. The court examined the conduct of the complainant, who prioritized medical assistance for the injured over immediate reporting to the police, ultimately supporting the prosecution's case. The judgment emphasized the importance of the intrinsic value of witness statements and the necessity for corroborative evidence in establishing the guilt of the accused. The ruling reinforced the standard that a dying declaration, if credible, can serve as a substantial piece of evidence against the accused, even if recorded under challenging circumstances. This case is pivotal for legal practitioners, highlighting the nuances of criminal law and evidentiary standards in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFIAL ZULLAH, C.J.,
NAIMUDDIN,
ABDUL QADEER CHAUDHRY,
MUHAMMAD AFZAL LONE
|
| Lawyers |
Raja Muhammad Anwar, Advocate Supreme Court,
Manzoor Elahi, ex-Advocate-on-Record for Appellant,
Sardar M. Ishaque Khan, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record Nos. 1 and 2
|
| Petitioners |
Mst. SHAMIM AKHTAR
|
| Respondents |
Abdul Aziz,
FIAZ AKHTAR
|
| Citations |
1992 SLD 363,
1992 PLD 211
|
| Other Citations |
Wazir Gul v. The State 1976 SCMR 471,
Muhammad Aslam v. The State PLD 1978 SC 298,
Niamat Ali v. The State 1981 SCMR 61,
Noor Muhammad v. The State 1988 SCMR 1640
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984),
Evidence Act (I of 1872)
|
| Sections |
302/34,
307/34,
457/34,
154,
161,
162,
46,
22,
32(1)
|