| Case ID |
36acc625-f65f-43cc-b643-8e33a44df8a3 |
| Body |
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| Case Number |
Criminal Appeal No. 352 of 2002 |
| Decision Date |
Feb 20, 2003 |
| Hearing Date |
Feb 19, 2003 |
| Decision |
The Supreme Court upheld the convictions and sentences awarded by the Trial Court and affirmed by the High Court. It was determined that the Anti-Terrorism Court had jurisdiction to try the case under the Anti-Terrorism Act, 1997. The circumstantial evidence was found to sufficiently connect the accused with the commission of the offense under Section 302 of the Penal Code. The court emphasized that death sentences can be awarded on circumstantial evidence if the evidence presented forms an unbroken chain that leads to the conclusion of guilt beyond a reasonable doubt. The court also addressed the admissibility of confessions and the standards required for a confession to be considered valid. The decision also included an order for the payment of Diyat as compensation to the legal heirs of the deceased. |
| Summary |
In the case of Sh. Muhammad Amjad vs. The State, the Supreme Court of Pakistan addressed critical issues surrounding jurisdiction under the Anti-Terrorism Act, the standards for circumstantial evidence, and the admissibility of confessions. The case involved the abduction and murder of Shakir Lateef, a lawyer, with the accused being convicted under sections 302(a) and 365-A of the Penal Code. The court held that the circumstantial evidence presented was compelling enough to establish the guilt of the accused beyond a reasonable doubt. The judgment also emphasized the importance of ensuring that confessions are both voluntary and true, outlining the legal standards for admissibility. This case is significant for legal practitioners and students alike, as it illustrates the application of legal principles in serious criminal offenses, particularly those involving terrorism and severe penalties. Keywords related to this case include 'Anti-Terrorism Act', 'circumstantial evidence', 'confessions', 'legal standards', and 'Supreme Court of Pakistan'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Nazim Hussain Siddiqui, Justice,
Hamid Ali Mirza, Justice,
Sardar Muhammad Raza Khan, Justice
|
| Lawyers |
Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court,
Ch. Muhammad Akram, Advocate-on-Record for Appellant,
Sardar Muhammad Ishaq Khan, Senior Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record for the Complainant,
Muhammad Ilyas Khan, Advocate Supreme Court,
Suleman Habibullah, Addl. A.G. for the State
|
| Petitioners |
Sh. Muhammad Amjad
|
| Respondents |
The State
|
| Citations |
2003 SLD 3951,
2003 PLD 704
|
| Other Citations |
PLD 1977 SC 515,
1997 SCMR 1416,
1998 SCMR 2669,
2001 SCMR 1914,
AIR 1967 SC 520,
AIR 1979 SC 1949,
AIR 1990 SC 2140,
AIR 1995 SC 1387
|
| Laws Involved |
Penal Code (XLV of 1860),
Anti-Terrorism Act (XXVII of 1997),
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
302(a),
365-A,
7(e),
185(3),
540,
37,
38,
39,
40
|