| Case ID |
265cf072-8f44-4f0b-afdf-0d265198b8e8 |
| Body |
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| Case Number |
Criminal Appeal No. 176 of 2012 |
| Decision Date |
Jan 18, 2017 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal made by Muhammad Asif against his conviction for murder. The court found significant doubts regarding the credibility of the eyewitnesses presented during the trial. The evidence was deemed insufficient, as the prosecution failed to produce independent witnesses who could corroborate the statements of the complainants. The judges highlighted that the conduct of the eyewitnesses was inconsistent with normal human behavior, and the autopsy report did not support the prosecution's timeline. Furthermore, the court noted that the weapon was recovered from the appellant's shop, which raised questions regarding its evidentiary value. The court ultimately set aside the conviction and acquitted the appellant of all charges. |
| Summary |
In the case of Muhammad Asif vs. The State, the Supreme Court of Pakistan examined the evidentiary standards required for a murder conviction under the Pakistan Penal Code, particularly Section 302(b). The court scrutinized the testimonies of the eyewitnesses, focusing on their credibility and the circumstances surrounding the alleged crime. The decision emphasized the critical importance of corroborating evidence, especially in cases involving serious charges such as murder. The court concluded that the prosecution's case was weakened by the absence of independent witnesses and inconsistencies in the eyewitness accounts. This ruling underscores the legal principle that a conviction should not be based solely on the testimony of interested parties without supporting evidence. The case serves as a significant reference for future murder trials, highlighting the necessity for thorough investigation and reliable witness testimonies. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
DOST MUHAMMAD KHAN, JUSTICE,
QAZI FAEZ ISA, JUSTICE,
FAISAL ARAB, JUSTICE
|
| Lawyers |
Ch. Muhammad Waheed Khan
|
| Petitioners |
MUHAMMAD ASIF
|
| Respondents |
THE STATE
|
| Citations |
2017 SLD 1375,
2017 SCMR 486
|
| Other Citations |
Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
161
|