| Case ID |
1afa7785-0272-49d5-8c92-cb9b4bba85b3 |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No.192 of 19 |
| Decision Date |
Jul 19, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the High Court's decision to acquit the respondents of all charges. The High Court's rationale was based on the lack of independent witnesses and the existence of a long-standing enmity between the parties involved. The testimony of the primary witnesses was deemed unreliable due to their relationships with the accused and previous convictions. The Court emphasized the importance of corroborating evidence in criminal cases, which was found lacking in this instance. |
| Summary |
This case revolves around a violent incident that occurred in Mandi Khail, resulting in the death of Yunis Khan and injuries to several others. The respondents were initially convicted by the Additional Sessions Judge but were later acquitted by the Lahore High Court. The Supreme Court upheld this acquittal, citing the absence of independent witnesses and the contentious history between the parties. The ruling underscores the critical role of reliable testimony and corroboration in criminal proceedings, particularly in cases with established animosity. Legal professionals and scholars studying this case can glean insights on the judicial approach to witness credibility and the standards required for conviction in criminal law. Keywords: criminal law, witness credibility, legal proceedings, Supreme Court of Pakistan, acquittal, prosecution, defense. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
JAVID IQBAL,
SAAD SAOOD JAN
|
| Lawyers |
Sh. Amjad Ahad,
Sh. Masood Akhtar
|
| Petitioners |
RAHIM KHAN
|
| Respondents |
others,
ARSHAD KHAN
|
| Citations |
1987 SLD 745,
1987 SCMR 1885
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
307,
323,
324,
148,
149,
185(3)
|