| Case ID |
2e239136-5488-49a2-8a6e-ecb299974d75 |
| Body |
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| Case Number |
Criminal Appeal No.75 of 1993 |
| Decision Date |
Dec 12, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan accepted the appeal of Muhammad Asghar and Arshad Mahmood, restoring the trial court's order of acquittal. The court found that the High Court's decision to set aside the acquittal was not justified, as the trial court had provided substantial reasons for its ruling. The principles established in previous cases regarding the presumption of innocence and the standards for overturning acquittals were reaffirmed. The court emphasized that mere different opinions on evidence do not justify setting aside an acquittal, and the findings of the trial court should be given due weight. |
| Summary |
In the case of Muhammad Asghar and Arshad Mahmood, the Supreme Court of Pakistan addressed the complexities surrounding appeals against acquittal under the Penal Code and Criminal Procedure Code. This case revolved around the murder of Muhammad Aslam, where the trial court had acquitted the accused due to insufficient evidence. The High Court's intervention to set aside this acquittal was scrutinized. The Supreme Court highlighted the importance of adhering to established legal principles, particularly the double presumption of innocence for acquitted individuals. The court analyzed the credibility of witness testimonies and the evidentiary standards that must be met to overturn an acquittal. Ultimately, the Supreme Court restored the trial court's acquittal, reinforcing the necessity for a solid evidentiary basis to support convictions and the legal protections afforded to accused individuals. Keywords such as 'Supreme Court of Pakistan', 'acquittal', 'murder', 'presumption of innocence', and 'legal principles' are pivotal to this case, reflecting current legal discourse. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
WALI MUHAMMAD KHAN, J.,
SHAFIUR RALUNAN, J.
|
| Lawyers |
M. Pervaiz Akhtar,
Ijaz M. Khan,
Raja Abdul Ghafoor,
Ch. Mehdi Mehtab
|
| Petitioners |
MUHAMMAD ASGHAR,
ARSHAD MAHMOOD
|
| Respondents |
THE STATE
|
| Citations |
1994 SLD 391,
1994 PLD 301
|
| Other Citations |
Ghulam Sikandar v. Mamaraz Khan PLD 1985 SC 11,
Yar Muhammad v. The State 1992 SCMR 96,
Feroze Khan v. Capt. Ghulam Nabi Khan PLD 1966 SC 424
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
185(3),
417,
439
|