| Case ID |
2e6b064f-cf3f-4a54-aa71-1c5791294118 |
| Body |
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| Case Number |
Criminal Appeal No.264 of 1993 |
| Decision Date |
Mar 04, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted the appeal of Mst. Shamshad, overturning her conviction under section 302 of the Penal Code for the murder of her husband, Muhammad Razzaq. The Court found that the prosecution failed to prove its case beyond a reasonable doubt, as the witnesses presented were deemed unreliable. The Court noted significant inconsistencies in the testimonies and highlighted the absence of the deceased's children as witnesses, who were the most natural witnesses to the occurrence. The evidence regarding the recovery of blood-stained clothes and the crime weapon did not sufficiently establish guilt. As a result, the conviction was set aside, and Mst. Shamshad was to be released unless required for another case. |
| Summary |
This case revolves around the appeal of Mst. Shamshad against her conviction for the murder of her husband, Muhammad Razzaq, under section 302 of the Penal Code. The Supreme Court scrutinized the evidence presented, particularly focusing on the reliability of the eyewitnesses, Nizamuddin and Walayat Ali, who claimed to have witnessed the incident. The Court identified critical gaps in the prosecution's case, including the unexplained absence of the appellant's children as witnesses and the lack of credible motive. The Court emphasized that the burden of proof lies squarely with the prosecution, which failed to meet the required standard. The judgment underscores the importance of credible evidence in criminal cases and the necessity for thorough investigations by law enforcement. This case highlights the legal principles surrounding the burden of proof, the evaluation of eyewitness testimony, and the standards required for a conviction in serious criminal cases. The ruling serves as a precedent for similar cases where the reliability of evidence is in question. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIDUZZAMAN SIDDIQUI,
RAJA AFRASIAB KHAN,
MAMOON KAZI
|
| Lawyers |
Mahmood A. Qureshi,
Javed Aziz Sindhu
|
| Petitioners |
Mst. SHAMSHAD
|
| Respondents |
THE STATE
|
| Citations |
1999 SLD 602,
1999 SCMR 2844
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302
|