| Case ID |
2cead12b-e00d-460f-8dfd-96d7d493a422 |
| Body |
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| Case Number |
Criminal Appeal No.267 of 1995 |
| Decision Date |
Mar 21, 2001 |
| Hearing Date |
Jan 18, 2001 |
| Decision |
The Supreme Court of Pakistan set aside the High Court's judgment which had acquitted the accused, Qadeem Khan. The Court restored the trial court's decision, which had found the accused guilty under section 302 of the Penal Code and sentenced him to death. The Court emphasized the reliability of the dying declaration made by the deceased, which was corroborated by medical evidence and eyewitness accounts. The Court concluded that the prosecution had established the guilt of the accused beyond reasonable doubt, and the High Court's judgment lacked lawful justification. |
| Summary |
In the landmark case of Criminal Appeal No.267 of 1995, the Supreme Court of Pakistan dealt with issues surrounding the evidentiary value of dying declarations in criminal law. The court reaffirmed that a dying declaration could serve as the basis for conviction without the necessity for corroboration, provided it is made voluntarily and without influence. The case involved the murder of Jamshid, who made a dying declaration naming Qadeem Khan as his assailant. The evidence presented included medical corroboration and eyewitness accounts, which the trial court found compelling. The High Court's acquittal of the accused was overturned due to misapplication of legal principles regarding dying declarations and the weight of the evidence. This decision highlights the importance of the integrity of witness testimony and the judicial process in ensuring justice is served. Key legal principles regarding the treatment of dying declarations were elucidated, emphasizing their potential as substantive evidence in the absence of corroboration in certain circumstances. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. RIAZ AHMED,
MIAN MUHAMMAD AJMAL,
JAVED IQBAL
|
| Lawyers |
Saeed Baig,
Muhammad Zahoor Qureshi Azad,
Sardar M. Ishaque
|
| Petitioners |
Farmanullah
|
| Respondents |
QADEEM KHAN
|
| Citations |
2001 SLD 1520,
2001 SCMR 1474
|
| Other Citations |
Abdul Hameed v. The State 1986 SCMR 11,
Malik Aman v. The State 1986 SCMR 17,
Nazir v. The State PLD 1962 SC 269,
Mushtaq alias Shaman v. The State PLD 1995 SC 46,
Niamat Ali v. The State 1981 SCMR 61,
Khalil Ahmad v. The State 1976 SCMR 161,
Abdul Razik v. The State PLD 1965 SC 151,
Hazara v. The State 1976 PCr.LJ 106,
Zarif v. The State PLD 1977 SC 612,
Asiq v. The State 1970 PCr.LJ 373,
Chanderasekar v. The King 1937 AC 220,
Guruswamt v. Tevar AIR 1940 Mad. 196,
Khushal Rao v. The State of Bombay AIR 1958 SC 22,
Taj Muhammad v. The State PLD 1960 Lah. 723,
Muhammad Khan v. The State PLD 1961 Lah. 939,
Abdul Raziq v. The State PLD 1964 Pesh. 67,
Tawaib Khan v. The State PLD 1970 SC 13,
Ekabbar Ali v. The State 1971 PCr.LJ 275,
Muhammad Shah v. The State PLD 1984 SC 278,
Allah Bakhsh v. Ahmed Din 1971 SCMR 462,
Muhammad Amin v. The State 2000 SCMR 1784,
Iqbal alias Bhala v. The State 1994 SCMR 1,
Allah Ditta v. The State 1970 SCMR 734,
Muhammad Akbar v. Muhammad Khan PLD 1988 SC 274,
Muhammad Rafique v. The State 1977 SCMR 457,
Roshan v. The State PLD 1977 SC 557,
Kashifur Rehman v. The State 1996 PCr.LJ 1689
|
| Laws Involved |
Qanune Shahadat (10 of 1984),
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
46(1),
302,
417,
185
|