| Case ID |
17b937a8-7f9c-4e91-b54d-eba5fdf753b9 |
| Body |
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| Case Number |
Criminal Appeal No. 46 of 1957 |
| Decision Date |
Oct 24, 1957 |
| Hearing Date |
|
| Decision |
The Supreme Court found that the appellate court's judgment was largely a verbatim reproduction of the trial court's judgment, rendering it improper and of doubtful validity. The court emphasized that an appellate court must engage in an honest appraisal of the facts and evidence, rather than merely copying the lower court's findings. The evidence presented by the prosecution was deemed unreliable, particularly concerning three of the four accused. The court concluded that without confirmatory circumstances, convicting the fourth accused solely based on discredited eyewitness testimony was unjust. The appeal was allowed, and Muhammad Akhtar was acquitted, highlighting the necessity for corroborative evidence in criminal cases to ensure fair trials. |
| Summary |
This case revolves around a criminal appeal concerning the conviction of Muhammad Akhtar for offences related to sections 323 and 324 of the Pakistan Penal Code. The Supreme Court scrutinized the appellate court's judgment, which was found to be a mere replication of the trial court's findings, thus lacking validity. The Court underscored the importance of a detailed and independent assessment of the evidence by appellate judges. The prosecution's eyewitness accounts were disbelieved, particularly against three accused, leading to concerns about the reliability of the testimonies. The ruling emphasized the necessity of confirmatory evidence in cases where the prosecution's case is significantly undermined. This case serves as a pivotal example of the need for judicial diligence and the protection of defendants' rights in the face of potentially flawed legal proceedings. Key topics include criminal law, appellate procedure, and evidentiary standards in the context of Pakistan's legal framework. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
M. Shahabuddin,
A. R. Cornelius,
Muhammad Sharif,
Amiruddin Ahmad
|
| Lawyers |
Nasim Hassan Shah,
S. A. Mahmud
|
| Petitioners |
Muhammad Akhtar
|
| Respondents |
The State
|
| Citations |
1957 SLD 27,
1957 PLD 297
|
| Other Citations |
Muhammad and Sher v. Crown P L D 1954 F C 84,
Bhalu v. Crown P L D 1955 F C 432
|
| Laws Involved |
Criminal Procedure Code
|
| Sections |
367,
424,
323,
324
|