| Case ID |
17abc34c-9e54-46d7-8d39-bbb819256232 |
| Body |
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| Case Number |
Criminal Appeal No. 22 of 1980 |
| Decision Date |
May 11, 1983 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal filed by Hussain Bakhsh against the acquittal of the respondents by the Lahore High Court. The High Court had determined that the ocular testimony provided by the witnesses lacked credibility and did not align with the medical evidence presented. The court emphasized that the prosecution's case was largely based on witness accounts which were found to be inconsistent and unreliable. The medical evidence contradicted the claims made by the witnesses regarding the circumstances of the shooting. The court upheld the High Court's decision to acquit the respondents, concluding that there was no merit in the appeal. |
| Summary |
This case revolves around the acquittal of Muhammad Amir and others in a murder trial stemming from an incident on June 28, 1974, where Allahyar was killed. The Supreme Court of Pakistan reviewed the evidence presented, focusing on the reliability of eyewitness accounts versus medical evidence. The court found substantial discrepancies between witness testimonies and forensic findings, leading to the conclusion that the prosecution failed to prove its case beyond a reasonable doubt. The decision highlights key legal principles regarding the evaluation of evidence in capital cases, emphasizing the importance of credible eyewitness testimony and the alignment of such accounts with forensic data. Keywords related to criminal law, eyewitness reliability, and acquittal cases are essential for understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, ACTG. C.J.,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Agha Aziz Ahmed, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate on-Record,
Sardar M. Ishaq, Advocate Supreme Court,
M. A. Siddiqi, Advocate-on-Record,
Maqbool Elahi Malik, Advocate Supreme Court,
M. Iqbal Kokab, Advocate on-Record,
K. E. Bhatti, Advocate Supreme Court for the State
|
| Petitioners |
HUSSAIN BAKHSH
|
| Respondents |
KARAM ELAHI,
Ghulam Abbas,
Ghulam Akbar,
MUHMMAD AMIR
|
| Citations |
1983 SLD 131,
1983 SCMR 800
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
149,
417
|