| Case ID |
1afbdd0a-929b-4473-a3f6-03cf827e7e49 |
| Body |
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| Case Number |
Criminal Petition No. 120/L of 1995 |
| Decision Date |
Apr 18, 1995 |
| Hearing Date |
Apr 18, 1995 |
| Decision |
The Supreme Court granted leave to appeal to the petitioner, GUL KHAN, allowing for the examination of the contention that the ocular evidence presented by both eye-witnesses was not deemed credible concerning the acquitted co-accused but was relied upon against the petitioner, leading to the imposition of the death penalty. The court noted the procedural history, including the initial trial and subsequent appeal outcomes, culminating in the decision to grant leave for further examination of the case's merits. |
| Summary |
In the case of GUL KHAN vs. THE STATE, the Supreme Court of Pakistan addressed critical issues surrounding the interpretation of ocular evidence and the validity of the death penalty imposed on the petitioner. The case originated from a murder charge against GUL KHAN, who was implicated in the murder of Mohabbat Khan in 1989. The court's review focused on the reliability of witness testimonies, particularly how they were applied to the petitioner versus co-accused who were acquitted. The petitioner's legal representation argued that the judicial process had been flawed, leading to an unjust conviction. This case underscores the importance of credible evidence in criminal proceedings and the legal standards required for capital punishment. The decision to grant leave for appeal opens the door for a deeper examination of these significant legal principles. Keywords: criminal law, ocular evidence, death penalty, Supreme Court of Pakistan, legal representation, witness credibility. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAAD SAOOD,
JAN,
MANZOOR HUSSAIN SIAL
|
| Lawyers |
Rab Nawaz Khan Niaz, Advocate Supreme Court,
S. Abul Aasim Jafri, Advocate-on-Record
|
| Petitioners |
GUL KHAN
|
| Respondents |
THE STATE
|
| Citations |
1997 SLD 580,
1997 SCMR 368
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
185(3)
|