| Case ID |
38fae508-c853-4447-bd2f-a4282a93447f |
| Body |
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| Case Number |
Crl. A. No. 190 of 1996 |
| Decision Date |
Dec 19, 2003 |
| Hearing Date |
Nov 12, 2003 |
| Decision |
The Supreme Court of Pakistan accepted the appeal filed by Karam Din, the appellant, against the acquittal of Abdul Aziz by the Lahore High Court. The Court held that the High Court had erred in its judgment regarding the summoning of court witnesses and the interpretation of Section 540 of the Criminal Procedure Code. The trial court's decision to summon the Patwari and Gardawar as court witnesses was deemed appropriate as their testimonies were relevant to the case. The Court also clarified that the prosecution's failure to prove the exact location of the incident did not negate the possibility of the appellant's claims. The appeal was accepted, and the acquittal of the respondent was set aside, restoring the conviction and life sentence imposed by the trial court. |
| Summary |
In the case of Karam Din v. Abdul Aziz, the Supreme Court of Pakistan addressed critical issues surrounding the interpretation of legal provisions in relation to the summoning of witnesses and the standards of proof in criminal cases. The appellant, Karam Din, challenged the Lahore High Court's decision to acquit Abdul Aziz, who was charged with murder under Section 302 of the Pakistan Penal Code. The Supreme Court scrutinized the trial court's application of Section 540 of the Criminal Procedure Code, which allows for the summoning of witnesses deemed necessary for the pursuit of justice. The Court found that the trial court acted within its jurisdiction by summoning relevant witnesses to clarify key facts regarding the ownership and possession of disputed land involved in the case. The Court emphasized that the prosecution's inability to establish the precise location of the incident did not inherently undermine the credibility of the appellant's claims or the evidence presented. This case highlights the importance of procedural integrity and the judicial discretion exercised in criminal trials, underscoring the balance between the rights of the accused and the pursuit of justice for victims of violent crime. The decision reinforces the principle that acquittals cannot be overturned unless they are proven to be perverse or shocking, thus setting a precedent for future cases involving similar legal questions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Mian Muhammad Ajmal,
Sardar Muhammad Raza Khan,
Karamat Nazir Bhandari
|
| Lawyers |
Mr. Munir Ahmed Bhatti, ASC,
Mr. M.A. Qureshi, AOR,
Mr. Muhammad Hussain Chachhar ASC,
Mr. Mehmoodul Islam, AOR,
Malik Ainul Hag, ASC,
Rao Muhammad Yousaf Khan, AOR
|
| Petitioners |
Karam Din
|
| Respondents |
Abdul Aziz,
1 1 others
|
| Citations |
2004 SLD 3230,
2004 PLJ 642
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860 (XLV of 1860)
|
| Sections |
185(3),
540,
300,
302
|