| Case ID |
157341a7-fbe6-4e87-a672-48e928274959 |
| Body |
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| Case Number |
Criminal Appeal No.38/SAC/L of 1992 |
| Decision Date |
Jul 01, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal against the acquittal of Sultan from the charge under section 302 of the Pakistan Penal Code. The court found that the prosecution had not established the motive fully, and the testimony of the complainant, who was the father of the deceased, was deemed uninspiring. Additionally, the court noted that one of the eyewitnesses was an inimical witness and independent corroboration was lacking. The court emphasized that the trial court had reasonably concluded that the prosecution's case was not proven beyond a reasonable doubt, thereby justifying the acquittal. |
| Summary |
In the case of 'The State vs Sultan', the Supreme Court of Pakistan dealt with an appeal against the acquittal of the respondent, Sultan, who was charged under section 302 of the Pakistan Penal Code. The case revolved around the alleged motive where the deceased, Saifullah, had been advised by his father, Maskeen Ullah, to discontinue his friendship with Sultan, who was suspected of bad character. The incident occurred on April 5, 1991, when Sultan allegedly attacked Saifullah with acid, leading to severe injuries. Despite the prosecution's efforts to establish the case through eyewitness accounts and a dying declaration, the court found significant gaps in the evidence, particularly regarding the motive and reliability of the witnesses. The court highlighted that the complainant's testimony was not convincing, and one eyewitness had a hostile relationship with the accused. Ultimately, the Supreme Court upheld the trial court's decision, emphasizing the need for proof beyond a reasonable doubt in criminal cases, which was not met in this instance. The decision reflects the principles governing criminal law and the importance of credible evidence in securing convictions. The case is significant for those studying criminal law, as it illustrates the stringent standards of proof required in acquittal appeals. Keywords: Supreme Court, acquittal, Pakistan Penal Code, criminal law, eyewitness reliability, motive establishment. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE SHAFIUR RAHMAN (CHAIRMAN),
JUSTICES RAJA AFRASIAB KHAN,
ABDUL MAJEED TIWANA
|
| Lawyers |
Rana Muhammad Arshad Khan, Additional Advocate-General, Punjab for the State,
Nemo for Respondent
|
| Petitioners |
THE STATE
|
| Respondents |
SULTAN
|
| Citations |
1992 SLD 263,
1992 SCMR 2034
|
| Other Citations |
PLD 1985 SC 11
|
| Laws Involved |
Special Courts for Speedy Trials Ordinance,
Pakistan Penal Code, 1860
|
| Sections |
13,
13(5),
302
|