| Case ID |
2d1c7beb-de89-4a6e-8091-dd3ad83b7d55 |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Nov 16, 1987 |
| Hearing Date |
Nov 16, 1987 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the acquittal of Niamat Ali and five others who were charged under sections 379, 307, 302, 149, and 148 of the Penal Code. The Court found no merit in the arguments presented against the concurrent findings of the lower courts. The petitioner's counsel had requested the Court to reconsider the evidence and observations made by the previous courts, but the Supreme Court upheld the acquittal, concluding that the case did not warrant interference. The petition was therefore dismissed. |
| Summary |
This case revolves around a criminal petition for special leave to appeal against the acquittal of Niamat Ali and others charged under various sections of the Penal Code. The Supreme Court evaluated the evidence and the concurrent findings of the lower courts. The Court's decision to dismiss the petition emphasizes the importance of upholding lower court judgments unless clear grounds for interference are established. The legal principles surrounding acquittal and the burden of proof were critical in this case, reflecting the judiciary's commitment to ensuring that justice is served while respecting the rights of the accused. The ruling highlights the intricate balance between prosecution and defense in criminal law, reaffirming the standards that must be met for a successful appeal against acquittal. Keywords such as 'Supreme Court', 'criminal law', 'acquittal', and 'judicial review' are essential for understanding the implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Usman,
Niamat Ali
|
| Judges |
NASIM HASAN SHAH, JUSTICE,
S.A. NUSRAT, JUSTICE,
ALI HUSSAIN QAZILBASH, JUSTICE
|
| Lawyers |
Aftab Farrukh, Senior Advocate, Supreme Court,
S. Ali Imam Naqvi, Advocate-on-Record,
M.A. Bajwa, Advocate Supreme Court,
Ejaz Ahmad Khan, Advocate-on-Record
|
| Petitioners |
MUHAMMAD YAMEEN
|
| Respondents |
Usman,
NIAMAT ALI
|
| Citations |
1988 SLD 2969,
1988 SCMR 141
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
379,
307,
302,
149,
148,
185(3)
|