| Case ID |
1f5aea95-3da7-46b4-adb2-b5cd73602b83 |
| Body |
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| Case Number |
Criminal Petition No. 249-L of 2009 |
| Decision Date |
Jun 29, 2011 |
| Hearing Date |
Jun 29, 2011 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Nazeer Ahmad against the acquittal of the respondents, Gehne Khan and others, by the High Court. The High Court had annulled the trial court's conviction based on the unexplained delay in lodging the FIR, the distance of eyewitnesses from the crime scene, the lack of physical evidence (the torch), and the delay in conducting the postmortem, which all adversely affected the credibility of the prosecution's case. The Court found no merit in the petitioner's arguments and upheld the High Court's decision, refusing leave to appeal. |
| Summary |
In this significant case, the Supreme Court of Pakistan dealt with the issues surrounding the acquittal of the accused in a murder case. The court emphasized the importance of timely lodging of FIRs and the reliability of eyewitness accounts, particularly in criminal proceedings. The decision highlighted the inherent challenges in prosecuting cases with delays and lack of evidence, reinforcing the principle of benefit of the doubt in favor of the accused. The judgment serves as a critical reference for future cases related to criminal law, emphasizing the necessity of a robust prosecution and the standards of evidence required for a conviction. Keywords: Supreme Court, acquittal, murder case, FIR, eyewitness, criminal law, prosecution, benefit of the doubt. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
TASSADUQ HUSSAIN JILLANI,
MIAN SAQIB NISAR,
ASIF SAEED KHAN KHOSA
|
| Lawyers |
Mrs. Fakhar-un-Nisa, Advocate Supreme Court,
Faiz-ur-Rehnman, Advocate-on-Record,
Mazhar Sher Awan, Additional P.G.
|
| Petitioners |
NAZEER AHMAD
|
| Respondents |
others,
GEHNE KHAN
|
| Citations |
2011 SLD 2253,
2011 SCMR 1473
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan
|
| Sections |
302,
Art. 185(3)
|