| Case ID |
32335189-5225-4e5f-a181-61546b37cb26 |
| Body |
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| Case Number |
Criminal Appeal No.344 of 2001 |
| Decision Date |
Jun 02, 2003 |
| Hearing Date |
Apr 08, 2003 |
| Decision |
The Supreme Court upheld the conviction and death sentence awarded to the appellants, Khalid Javed and Aleem Ahmad, by the trial court under section 302(b) of the Penal Code. The court found that the FIR was initially lodged with two unknown assailants, but the complainant later provided a supplementary statement implicating the appellants. The court emphasized the importance of the FIR as the cornerstone of the prosecution's case and noted discrepancies in the complainant's statements. The evidence presented was insufficient to support the conviction beyond reasonable doubt, leading to the conclusion that the appellants were wrongfully convicted based on unreliable witness testimony and procedural flaws. |
| Summary |
The case revolves around the murder of Mst. Gazala Naveed, as reported by her husband, Naveed Anwar Naveed, a practicing advocate. The initial FIR named unknown assailants, but a subsequent supplementary statement implicated Khalid Javed and Aleem Ahmad. The prosecution's case relied heavily on this supplementary statement, which faced scrutiny due to inconsistencies and the mental state of the complainant at the time of lodging the FIR. The court highlighted the necessity of corroborative evidence to support witness testimonies, especially when they are deemed unreliable. The Supreme Court ultimately found the evidence insufficient to sustain a conviction, emphasizing the need for clear, corroborated evidence in criminal cases, particularly in capital offenses. Keywords such as 'murder case', 'unreliable witness', 'FIR importance', and 'criminal procedure' are essential for understanding this case and its implications in criminal law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
THE STATE
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
RANA BHAGWANDAS,
SYED DEEDAR HUSSAIN SHAH
|
| Lawyers |
Nazir Ahmad Ghazi,
Mian Ataur Rehmania,
Ch. Arshad Ali
|
| Petitioners |
KHALID JAVED,
ALEEM AHMAD
|
| Respondents |
THE STATE
|
| Citations |
2003 SLD 641,
2003 SCMR 1419
|
| Other Citations |
PLD 1994 SC 879,
1993 PCr.LJ 1403,
1995 SCMR 1350,
PLD 2002 Lah. 110,
PLD 1974 Quetta 28,
PLD 1996 SC 336,
1978 SCMR 114,
1997 SCMR 89,
2001 SCMR 424,
1995 SCMR 896
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
154,
161
|