| Case ID |
1ee8ce01-5571-4e1b-a0f4-fc637f31f85e |
| Body |
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| Case Number |
Criminal Appeal No. 311-L of 2009 and Jail Petitio |
| Decision Date |
May 24, 2017 |
| Hearing Date |
May 24, 2017 |
| Decision |
The Supreme Court of Pakistan, after reviewing the evidence and the circumstances of the case, upheld the acquittal of several accused while converting the conviction of Rustam Ali from section 302(b) to section 302(c) of the Penal Code, reducing his sentence from life imprisonment to twenty years of rigorous imprisonment. The court concluded that there was insufficient evidence to prove the active involvement of Rustam Ali in the murder of Maqsood Ali, leading to a significant reduction in his sentence. The court emphasized the principle of double presumption of innocence, reiterating that every accused is presumed innocent until proven guilty. |
| Summary |
This case revolves around the appeal against the acquittal and the conviction of individuals involved in a murder case under the Penal Code. The Supreme Court dealt with the complexities of evidence presented during the trial and the implications of common intention in the context of Qatl-i-amd. The judgment highlighted the importance of judicial scrutiny in ensuring justice, particularly in cases with multiple accused and varying degrees of involvement. The legal principles established in this case are relevant for future cases involving similar charges and underscore the necessity for clear evidence in criminal proceedings. This landmark decision serves as a precedent for similar cases, reinforcing the judicial standard of proof required for conviction in murder cases, and the necessity to differentiate between degrees of culpability among co-accused. The keywords such as 'Supreme Court', 'murder conviction', 'Qatl-i-amd', 'common intention', and 'double presumption of innocence' are trending in legal discussions and are critical for understanding the nuances of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Manzoor Ahmad Malik, Justice,
Sardar Tariq Masood, Justice,
Mazhar Alam Khan, Justice,
Miankhel, Justice
|
| Lawyers |
Aurangzaib Mari, Advocate Supreme Court for Appellant,
Mian M. Tayyab Watto, Advocate Supreme Court for Petitioner,
Mazhar Sher Awan, Additional P.G. for the State,
Aurangzaib Mari, Advocate Supreme Court for the Complainant
|
| Petitioners |
Muhammad Zafar
|
| Respondents |
Rustam Ali
|
| Citations |
2017 SLD 1358,
2017 SCMR 1639
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
34,
302(c)
|