| Case ID |
1e9fb573-f09f-4ebd-a108-1d69c6a530f8 |
| Body |
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| Case Number |
Criminal Appeal No. 228-L of 1993 |
| Decision Date |
Oct 02, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan acquitted the appellant, Iltaf Hussain, on the grounds of insufficient evidence presented by the prosecution. The court highlighted that the prosecution relied solely on police testimonies without the necessary corroboration from public witnesses. The absence of a crucial public witness, Muhammad Anwar, who was supposed to attest the recovery of the weapon, created significant doubt regarding the prosecution's narrative. The court emphasized that the prosecution's failure to produce this witness undermined the credibility of their case, leading to the conclusion that the appellant's conviction was unjustified. Consequently, the court set aside the previous conviction and sentence, granting the appellant the benefit of doubt. |
| Summary |
In the case of Iltaf Hussain vs. The State, the Supreme Court of Pakistan dealt with critical issues surrounding the admissibility of evidence and the necessity of public witnesses in criminal proceedings. The appellant was accused of possession of an unlicensed Kalashnikov and live cartridges, based solely on police testimonies. However, the prosecution failed to produce a key public witness, raising questions about the reliability of the evidence. The court stressed the importance of having public witnesses to support police claims, especially in cases involving serious allegations. This case underscores the judicial principle that the prosecution must prove its case beyond a reasonable doubt, and any failure to do so can result in the acquittal of the accused. The ruling also highlights the court's commitment to ensuring fair trials and upholding the rights of individuals against wrongful convictions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Zia Mahmood Mirza,
Raja Afrasiab Khan,
Muhammad Bashir Khan
|
| Lawyers |
Not available
|
| Petitioners |
Iltaf Hussain
|
| Respondents |
The State
|
| Citations |
1996 SLD 1100,
1996 SCMR 167
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Arms Ordinance (XX of 1965),
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
13,
103,
185(3)
|