| Case ID |
2bccfd1f-d3f3-4286-823a-0a2e5090b57e |
| Body |
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| Case Number |
Criminal Petitions Nos. 537-L and 716-L of 2002 |
| Decision Date |
Jan 12, 2004 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the criminal petitions filed by Muhammad Ashraf and Sarfraz against their convictions for murder under section 302(b) of the Penal Code. The Court upheld the findings of the Lahore High Court, which had maintained the death sentence for Muhammad Ashraf and life imprisonment for Sarfraz. The Court noted that the evidence presented, including eyewitness accounts and medical corroboration, established the guilt of the petitioners beyond reasonable doubt. The absence of motive did not undermine the credibility of the ocular testimony, and the Court found no legal or factual infirmity in the lower court's judgment. Consequently, the petitions for leave to appeal were denied. |
| Summary |
The case revolves around the convictions of Muhammad Ashraf and Sarfraz for the murder of Muhammad Aslam, with the Supreme Court of Pakistan addressing the legal principles surrounding the appreciation of evidence, particularly the role of motive in criminal cases. The Court emphasized that even if motive is weak or absent, it does not negate the strength of unimpeachable eyewitness testimony. The incident occurred in broad daylight, and the Court found that the prompt lodging of the F.I.R. and the absence of animosity against the eyewitnesses further supported the prosecution's case. The decision highlights the importance of reliable eyewitness accounts in establishing guilt in criminal proceedings, reaffirming that each case is contextually unique and previous decisions may not apply universally. This case serves as a significant reference for future criminal law cases involving murder and the interpretation of evidentiary standards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN MUHAMMAD AJMAL,
HAMID ALI MIRZA,
KHALIL-UR-REHMAN RAMDAY
|
| Lawyers |
Sh. Khizar Hayat,
S.M. Masud
|
| Petitioners |
MUHAMMAD ASHRAF,
Sarfraz
|
| Respondents |
THE STATE
|
| Citations |
2004 SLD 2877,
2004 PLD 539
|
| Other Citations |
Abdul Wahab alias Rehra v. The State 1999 SCMR 1668,
Waris Khan v. The State 2001 SCMR 387,
Imtiaz Ahmad v. The State 2001 SCMR 1334,
Ghalib Hussain and others v. Muhammad Arif and others 2002 SCMR 20,
Mukhtar Ahmed v. The State PLD 2002 SC 792,
Muhammad Tariq v. The State 2003 SCMR 531,
Feroze Khan v. The State 2002 SCMR 99
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302(b),
34,
324,
185(3)
|