Case ID |
225b562a-2192-4fa7-a446-888650e2f253 |
Body |
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Case Number |
Criminal Appeal No. K-5 of 1976 |
Decision Date |
Mar 08, 1976 |
Hearing Date |
|
Decision |
The Supreme Court allowed the appeal filed by Nazo alias Ali Nawaz, acquitting him of the murder charge under Section 302 of the Penal Code. The Court found that the prosecution's evidence, primarily circumstantial and reliant on a solitary witness, lacked corroboration and was insufficient to support a conviction. The judicial confession made by the appellant was also deemed unreliable due to inconsistencies with medical evidence. Consequently, the Court ruled that the appellant was entitled to the benefit of the doubt, leading to the conclusion that he should be released if not required in any other matter. |
Summary |
In this pivotal case, the Supreme Court of Pakistan examined the conviction of Nazo alias Ali Nawaz for murder under Section 302 of the Penal Code. The case highlighted issues of evidentiary standards, particularly the reliance on circumstantial evidence and the credibility of witness testimonies. The Court scrutinized the solitary witness's reliability, given his potential bias, and found insufficient corroboration for the prosecution's claims. The judicial confession of the appellant was also critically assessed, revealing inconsistencies with the medical evidence that undermined its credibility. This case underscores the importance of rigorous evidentiary standards in criminal law, ensuring that convictions are grounded in reliable and corroborated evidence. Ultimately, the Court's decision to acquit the appellant reflects a commitment to the principle of 'innocent until proven guilty,' reinforcing the necessity for the prosecution to meet its burden of proof beyond a reasonable doubt. Keywords: Supreme Court, murder case, acquittal, circumstantial evidence, judicial confession, evidentiary standards, criminal law. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Not available
|
Judges |
SALAHUDDIN AHMED,
ANWARUL HAQ,
MUHAMMAD AFZAL CHEEMA
|
Lawyers |
Muhammad Hayat Junejo,
A. Aziz Dastgir,
Usmani Ghani,
Noor Ahmad Noori
|
Petitioners |
NAZO alias ALI NAWAZ
|
Respondents |
THE STATE
|
Citations |
1977 SLD 88,
1977 SCMR 20
|
Other Citations |
Not available
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Laws Involved |
Penal Code (XLV of 1860)
|
Sections |
302
|