| Case ID |
1ee2f8b5-f3de-4ed1-87bd-9f0851e53992 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Aug 20, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal, upholding the conviction and sentence of death for the petitioner, Ilyas, for the murder of Shah Nawaz. The court found that the ocular evidence provided by eyewitnesses was consistent with the medical evidence, supporting the conclusion that the petitioner was guilty. The court also noted the absence of plausible reasons for falsely implicating the petitioner, and the circumstantial evidence corroborated the prosecution's case. Discrepancies regarding the timing of the FIR and the petitioner's arrest were deemed insufficient to create doubt about his involvement in the crime. The court emphasized that, in the absence of substantial evidence to suggest a miscarriage of justice, it would not interfere with the concurrent findings of fact established by the lower courts. |
| Summary |
This case revolves around the conviction of Ilyas for the murder of Shah Nawaz, which occurred on September 26, 1974. The Supreme Court of Pakistan reviewed the evidence presented, including testimonies from eyewitnesses and medical reports. The court concluded that the ocular evidence was reliable and corroborated by medical findings, establishing that the deceased had been shot from a close range. The court dismissed claims of discrepancies in the FIR’s timing and the identification of the accused, asserting that the evidence overwhelmingly pointed to Ilyas's guilt. The decision highlights the importance of both ocular and circumstantial evidence in criminal cases, and it reinforces the legal principles surrounding the prosecution's burden of proof. Legal practitioners should note the ruling's implications for future cases involving similar evidentiary issues and the standards of proof required in murder cases, particularly in the context of eyewitness reliability and the significance of corroborative medical evidence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
SHAFI-UR-REHMAN,
FAKHRUDDIN G. EBRAHIM, J
|
| Lawyers |
Khalid M. Ishaque, Advocate,
Nizam Ahmad Advocate-on-Record
|
| Petitioners |
ILYAS
|
| Respondents |
The STATE
|
| Citations |
1981 SLD 336,
1981 SCMR 559
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
302
|