| Case ID |
1a223bd8-c55b-4a00-a8be-cc698b2627f9 |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No.279 of 19 |
| Decision Date |
Jun 20, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court addressed a petition for leave to appeal against the acquittal in a murder case. The court emphasized that the assessment of evidence by lower courts should not be overturned unless there are substantial defects such as misreading or non-reading of evidence. The court noted that even if witnesses claimed to identify the culprits under challenging conditions, the acquittal would stand if the lower courts did not exhibit such infirmities. The court ultimately refused the leave to appeal, affirming the acquittal based on the evidence presented and the arguments raised by the counsel. |
| Summary |
In this significant case, the Supreme Court of Pakistan evaluated the implications of witness identification in a murder case where the accused were acquitted. The court highlighted the legal standards that govern appeals against acquittals, asserting that the burden lies on the complainant to demonstrate substantial errors in the lower courts' evaluation of evidence. The ruling underscored the importance of eyewitness testimony and the conditions under which such identifications are credible. The court's refusal to grant leave to appeal serves as a critical reminder of the legal principles that protect acquitted individuals from retrials based on mere disagreements over evidence interpretation. This case is a pivotal reference for legal practitioners focusing on criminal law and the intricacies of appeal processes in the Pakistani judicial system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
GHULAM MUJADDID,
USMAN ALI SHAH
|
| Lawyers |
M.B.Zaman, Senior Advocate Supreme Court,
Ijaz Ali Sheikh, Advocate-on-Record (absent),
Ijaz Hussain Batalvi, Advocate Supreme Court,
Ch. Muhammad Aslam, Advocate-on-Record,
Rao M.Yousaf Khan, Advocate-on-Record (absent),
Sharif Butt, Advocate Supreme Court
|
| Petitioners |
SHER AHMAD
|
| Respondents |
6 others,
BATI
|
| Citations |
1990 SLD 662 = 1990 SCMR 517
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code,
Constitution of Pakistan
|
| Sections |
302,
185(3)
|