| Case ID |
17ccd77b-ce0b-4df0-bfc1-1ebd6a20c2fd |
| Body |
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| Case Number |
Criminal Appeals Nos. 12E and 127 of 1987 |
| Decision Date |
Jun 11, 1989 |
| Hearing Date |
Jun 11, 1989 |
| Decision |
The Supreme Court of Pakistan re-evaluated the convictions of the accused in the case involving the deaths of two women, Mst. Naseem Akhtar and Mst. Khalida. The court concluded that the High Court's findings were sound, noting a lack of motive for the killings and insufficient evidence to uphold the death sentences. The convictions of Aulad Hussain and Sabir Hussain were altered from death to life imprisonment, while the other accused were acquitted. The bench emphasized the importance of credible eyewitness testimony while acknowledging discrepancies in the prosecution's case. The ruling underscored the principle of common intention in criminal liability and the necessity for clear evidence in capital punishment cases. |
| Summary |
This case revolves around the murder of two women, where the Supreme Court of Pakistan addressed the appeals of several accused who were initially sentenced to death. The core of the decision focused on the evaluation of evidence, particularly the motivations behind the attack and the credibility of eyewitnesses. The court found that the prosecution failed to establish a clear motive, leading to the conclusion that the death sentences were unwarranted. The decision highlighted key legal principles such as the common intention and the standards required for capital punishment. The ruling is significant in terms of legal precedents regarding the assessment of evidence and the implications of motive in criminal cases. It serves as a critical reference for similar future cases, emphasizing the need for robust evidence and clear motives in establishing guilt and determining appropriate sentencing. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
ALI HUSSAIN QAZILBASH,
NAINUIDDIN
|
| Lawyers |
K. M. A. Samdani,
Ijaz Hussain Batalvi,
Ch. M. Akram
|
| Petitioners |
MUZAFFAR SAEED
|
| Respondents |
Sabir Hussain,
AULAD HUSSAIN SHAH alias PHUL PEER,
Chan Peer,
Musaddiq,
Abuzar
|
| Citations |
1990 SLD 450,
1990 SCMR 40
|
| Other Citations |
Dost Muhammad v. The State P L D 1963 S C 285,
Piran Ditta and 3 others v. The State P L D 1976 S C 300,
Muhammad Mushtaq v. The State 1973 SCMR 219,
Wazir Gul v. The State 1976 SCMR 471
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898),
Evidence Act (I of 1872)
|
| Sections |
302/34,
Art.185(3),
164,
32
|