Legal Case Summary

Case Details
Case ID 258623f3-6bc6-4e6a-a779-bada612bccce
Body View case body.
Case Number Criminal Petitions Nos. 465 and 476 of 2010
Decision Date Nov 02, 2010
Hearing Date
Decision The Supreme Court granted leave to appeal in both Criminal Petition Nos. 465 and 476 of 2010 to assess the credibility of ocular testimony presented in the conviction of Abdul Latif for the murder of Rab Nawaz. The case revolved around the circumstances of the witnesses' presence at the crime scene and their inability to intervene during the strangulation of the deceased. The Court noted that the conviction was previously upheld by the High Court, which had reduced the death sentence of Abdul Latif to life imprisonment. The Court emphasized the need to evaluate whether the evidence presented was credible and whether the circumstances surrounding the witnesses' presence were coincidental or implausible. The notice was issued to both convicts regarding the enhancement of their sentences, indicating that the Court would further examine the validity of the earlier judgment.
Summary This case involves the Supreme Court of Pakistan's decision regarding the appeal of Abdul Latif and Amir Abbas, who were convicted of murder and robbery. The central issue was the credibility of eyewitness testimony, as the witnesses claimed they saw the convicts strangling the deceased, Rab Nawaz, early in the morning. The petitioners argued that the witnesses had no plausible reason for being at the scene and did not attempt to intervene, raising questions about the reliability of their accounts. The Court granted leave to appeal to examine these concerns and to assess whether the original conviction could be upheld based on the presented evidence. The case underscores the importance of credible eyewitness testimony in criminal proceedings and highlights the legal standards for evaluating such evidence. Legal professionals, advocates, and those interested in criminal law will find this case significant as it illustrates the complexities involved in murder and robbery cases, especially concerning witness reliability and the standards of proof required in court. The decision also sets a precedent for future cases where witness credibility is a central issue.
Court Supreme Court of Pakistan
Entities Involved Muhammad Nawaz, Rab Nawaz
Judges NASIR-UL-MULK, KHILJI ARIF HUSSAIN, TARIQ PARVEZ
Lawyers Basharat Ullah Khan, Advocate Supreme Court, Rai Muhammad Nawaz Kharal, Advocate Supreme Court, Ahmed Raza Gilani, Additional P.G. for the State
Petitioners ABDUL LATIF,
Respondents THE STATE, others
Citations 2011 SLD 2155, 2011 SCMR 1044
Other Citations Not available
Laws Involved Penal Code (XLV of 1860), Constitution of Pakistan
Sections 302(b), 392, 185(3)