| Case ID |
22dad263-f059-45b1-9265-9912e5fd0893 |
| Body |
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| Case Number |
Criminal Appeal No. 33 of 1972 |
| Decision Date |
Aug 29, 1973 |
| Hearing Date |
May 11, 1973 |
| Decision |
The appeal was dismissed, confirming the convictions of the appellants under sections 302 and 460 read with section 34 of the Pakistan Penal Code. The court maintained the death sentence for Abdul Majid and transportation for life for the other appellant. The decision emphasized the necessity for corroboration of an accomplice's evidence, ruling that the evidence presented was sufficient to uphold the convictions despite the challenges surrounding the identification of the accused and the credibility of the approver. |
| Summary |
This case revolves around a criminal appeal concerning the convictions of the appellants for murder and house-trespass. The Supreme Court of Pakistan examined the necessity of corroborative evidence in the context of an accomplice's testimony. The appellants were convicted based on the testimony of an approver, whose credibility was scrutinized but ultimately deemed reliable due to corroborating evidence. The case highlights critical aspects of criminal law, particularly the principles surrounding the use of accomplice testimony and the standards of corroboration required for securing convictions in serious offenses like murder. The ruling reinforces the importance of independent verification in criminal proceedings, ensuring that justice is served while protecting the rights of the accused. Key legal principles from related case law were referenced to substantiate the decision. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQOOB ALI, ACTG. C.J.,
WAHEEDUDDIN AHMED,
SALAHUDDIN AHMED,
ANWARUL HAQ,
MUHAMMAD GUL
|
| Lawyers |
Ijaz Hussain Batalvi,
Farooq Ahmad,
Abdul Karim,
Rustam S. Sidhwa,
Ijaz Ali
|
| Petitioners |
ANOTHER,
ABDUL MAJID
|
| Respondents |
THE STATE
|
| Citations |
1973 SLD 254,
1973 PLD 595
|
| Other Citations |
King v. Baskerville (1916) 2 K B 658,
Mahadeo v. Emperor 40 C W N 1164,
Ishaq v. The Crown P L D 1954 F C 335,
Fazal Dad v. The Crown p L D 1955 F C 152,
Abdul Khaliq v. This State P I. D 1970 S C 166,
Ghulam Qadir v. State P L D 1959 S C (Pak,) 377
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
460,
337
|