| Case ID |
205c1d80-2c06-4dd7-ac9d-98d5b395d509 |
| Body |
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| Case Number |
Criminal Appeal No. 200 of 1993 |
| Decision Date |
Apr 11, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the conviction and sentence of the appellants, Muhammad Ismail and Ghulam Ghous, for the murder of Syed Ali, Mst. Fatima Bibi, and Nazar Ali under section 302/34 of the Penal Code. The court found that the evidence provided by the child witness, Hazrat Ali, was credible and sufficient to support the conviction. It was determined that the confession made by Muhammad Ismail was voluntary and corroborated by the identification parade. The court dismissed the appeal, affirming the lower courts' findings and the death sentence imposed on the appellants. |
| Summary |
In the case of Muhammad Ismail and Ghulam Ghous vs. The State, the Supreme Court of Pakistan addressed serious allegations of murder under the Penal Code. The case revolved around a tragic incident where three individuals were killed, including a child witness, Hazrat Ali, who played a crucial role in identifying the accused. The court evaluated the evidence, including eyewitness accounts and confessions, ultimately concluding that the appellants were guilty as charged. The judgment highlights the importance of reliable witness testimony and the standards for evaluating confessions in criminal law. This case serves as a significant reference in criminal jurisprudence, particularly concerning child witnesses and the admissibility of confessions. The decision reinforces the principle that credible evidence can lead to conviction, even when it involves the testimony of minors. The court's ruling also emphasizes the legal standards pertaining to the recording of confessions and the assessment of evidence by trial courts, making it a critical case for legal practitioners and scholars alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FAZAL ILAHI KHAN,
MUHAMMAD MUNIR KHAN,
MIR HAZAR KHAN KHOSO
|
| Lawyers |
Nasir Saeed Sheikh,
Raja Abdul Ghafoor
|
| Petitioners |
MUHAMMAD ISMAIL,
Ghulam Ghous
|
| Respondents |
THE STATE
|
| Citations |
1995 SLD 399,
1995 SCMR 1615
|
| Other Citations |
PLD 1995 SC 1,
1968 SCMR 852,
1971 SCMR 273
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
302/34,
185(3)
|