| Case ID |
2555cff6-6d6c-4258-a648-fc3d1033578f |
| Body |
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| Case Number |
Criminal Appeals Nos. 110 and 111 of 1989 |
| Decision Date |
Dec 19, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan accepted the appeal of Waqar Zaheer, setting aside the convictions and sentences imposed by the Lahore High Court. The court found that the evidence presented, including the ocular testimony and identification parade, was not sufficient to establish the guilt of the accused beyond a reasonable doubt. The testimonies were deemed unreliable, and the prosecution failed to exclude all reasonable hypotheses of innocence. Consequently, both Waqar Zaheer and Muhammad Arshad were acquitted, and any fines recovered were to be refunded. The appeal filed by Ghulam Bari seeking enhancement of the sentence was dismissed, affirming the acquittal of the accused. |
| Summary |
This case involves the criminal appeals of Waqar Zaheer and Muhammad Arshad against their conviction for the murder of Col. Ghulam Murtaza Khan. The appeals were based on the insufficiency of evidence, particularly concerning the identification of the accused by the complainant, Ghulam Bari. The Supreme Court scrutinized the witness testimonies, highlighting discrepancies and the implausibility of the complainant's ability to accurately identify the assailants from a distance in low visibility conditions. The court emphasized the principle that the inherent merit of the testimony is the acid test for its veracity, regardless of the witness's lack of motive to lie. Ultimately, the court ruled in favor of the appellants, leading to their acquittal and the dismissal of the appeal seeking enhanced sentences for co-accused. This case underscores the importance of credible and corroborative evidence in criminal proceedings and the rigorous standards required for a conviction in serious offenses such as murder. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAHRUSTAM S. SIDHWA,
MUHAMMAD AFZAL LONE
|
| Lawyers |
Ijaz Hussain Batalvi, Senior Advocate Supreme Court,
M. A. Zafar, Advocate Supreme Court,
Aftab Farrukh, Senior Advocate Supreme Court,
Ijaz Ahmad Khan, Advocate-on-Record,
Kh. Shaukat Ali, Advocate Supreme Court
|
| Petitioners |
Waqar Zaheer
|
| Respondents |
The State
|
| Citations |
1991 SLD 517 = 1991 PLD 447
|
| Other Citations |
Bashir Ahmad v. Muhammad Azam P L D 1969 SC 469,
Muhammad v. The State 1972 SCMR 194,
Mohabbat Ali v. State 1985 SCMR 662
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898)
|
| Sections |
302/34,
Art. 183(3),
103
|