| Case ID |
1fd9b172-ded5-405f-8d51-3bce6300b2fd |
| Body |
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| Case Number |
Criminal Petition No.528-L of 2006 |
| Decision Date |
Jan 08, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to the petitioners, Noor Muhammad and Haq Nawaz, on the grounds that the conviction could not be maintained based on the same set of evidence that led to the acquittal of three co-accused. The court found that the case against the petitioners was not free from doubt, as there was no direct connection to the motive of the prosecution, and the evidence did not link them to the crime. The decision emphasized the importance of credible evidence in criminal proceedings, especially regarding the burden of proof and the presumption of innocence that applies until proven guilty. |
| Summary |
In the case of Noor Muhammad and Haq Nawaz vs. The State, the Supreme Court of Pakistan dealt with issues of wrongful conviction and the standards of evidence required in criminal cases. The petitioners were initially convicted of murder, alongside three other co-accused, but challenged their conviction based on the acquittal of the others and the lack of direct evidence linking them to the crime. The court critically analyzed the prosecution's case, focusing on the discrepancies in the evidence and the absence of a clear motive connecting the petitioners to the alleged murder. The judgment highlighted the necessity for the prosecution to establish a strong, unambiguous case against the accused, reinforcing the legal principle that doubts benefit the accused. This case serves as a significant reference point for future cases concerning the evidentiary standards in criminal law, particularly in murder cases, and underscores the judiciary's role in safeguarding the rights of individuals against unjust convictions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
TASSADUQ HUSSAIN JILLANI,
SYED JAMSHED ALI
|
| Lawyers |
M.A. Zafar,
Pervaiz Alamgir
|
| Petitioners |
NOOR MUHAMMAD,
Haq Nawaz
|
| Respondents |
THE STATE
|
| Citations |
2008 SLD 1440,
2008 SCMR 69
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302(b)/34,
Art.185(3)
|