| Case ID |
217670bd-9c79-419c-a45a-d21f89235bce |
| Body |
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| Case Number |
Criminal Appeal No.101 of 1988 |
| Decision Date |
Feb 12, 1992 |
| Hearing Date |
Feb 03, 1992 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal in Criminal Appeal No.101 of 1988, with a decision dated 12-02-1992, after hearing it on 3rd February, 1992. The court carefully reviewed whether the High Court's acquittal of respondent Tariq was justified and aligned with the principles of conducting criminal justice effectively. The High Court had found the prosecution's evidence unreliable, thereby not requiring examination of Tariq's self-defense plea in detail. The Supreme Court upheld this decision, emphasizing that if the prosecution fails to prove the case beyond a reasonable doubt, the accused is entitled to acquittal unless the defense amounts to a confession. The court further noted that even if alternative interpretations of the evidence were possible, they did not provide sufficient grounds to overturn the acquittal. Consequently, the appeal was dismissed, reinforcing the legal standards for evaluating evidence and ensuring fair trials. |
| Summary |
In the landmark case of Criminal Appeal No.101 of 1988, heard by the Supreme Court of Pakistan on 3rd February 1992, the court deliberated on the acquittal of respondent Tariq in a murder case under sections 302 and 307/34 of the Penal Code (XLV of 1860) and Article 185(3) of the Constitution of Pakistan (1973). The appellant, Muhammad Nazir, challenged the High Court's decision acquitting Tariq, arguing that the acquittal constituted a miscarriage of justice as the High Court failed to properly juxtapose prosecution evidence with Tariq's self-defense plea. The Supreme Court emphasized the necessity for the prosecution to prove their case beyond a reasonable doubt and held that unless the defense plea amounts to confession, an accused is entitled to acquittal if the prosecution fails. The judgment affirmed the High Court's decision, stating that even if alternative interpretations of the evidence existed, they did not warrant overriding the acquittal. This case underscores the upheld principle of safe and reliable administration of criminal justice, ensuring that acquittals based on insufficient prosecution evidence are maintained, thereby protecting the rights of the accused and upholding legal integrity. Additionally, the court referenced the precedent set in Ghulam Sikandar and another v. Mumaraz Khan and others PLD 1985 SC 11, reinforcing the standards for evaluating evidence and the burden of proof in criminal appeals. The dismissal of the appeal highlights the judiciary's commitment to fair trial standards and the importance of credible evidence in securing convictions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Allah Ditta,
Muhammad Arif,
Muhammad Nazir,
Muhammad Ali,
Ghulam Muhammad,
Ghulam Murtaza,
Tariq,
Mumaraz Khan,
Ghulam Sikandar
|
| Judges |
Shafiur Rahman,
Abdul Shakurul Salam,
Rustam S. Sidhwa
|
| Lawyers |
Not available
|
| Petitioners |
Muhammad Nazir,
Tariq and others
|
| Respondents |
Tariq
|
| Citations |
1992 SLD 609,
1992 SCMR 983
|
| Other Citations |
Ghulam Sikandar and another v. Mumaraz Khan and others PLD 1985 SC 11
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
307/34,
Art.185(3)
|