| Case ID |
393fd18b-3c73-4f2f-8cfd-a78822be4153 |
| Body |
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| Case Number |
Criminal Petition No.5-K of 1984 |
| Decision Date |
Jan 24, 1985 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the acquittal of the respondents. The court found that the ocular evidence presented by the prosecution was insufficient and affected by medical evidence. The circumstantial evidence, including the recoveries of crime weapons and blood-stained clothes, was deemed impeachable. The motive attributed to the accused was also not proven, leading to the conclusion that the High Court's judgment was justified, and no substantial reasons were found to overturn it. |
| Summary |
In the case of Abdul Rahman vs. Ali Hassan and others, the Supreme Court of Pakistan dealt with a criminal petition concerning the acquittal of several individuals charged with the murder of Nazir Ahmad. The court evaluated the evidence presented, particularly focusing on the credibility of eyewitnesses and the circumstantial evidence regarding the recovery of weapons. The court ultimately upheld the High Court's decision, emphasizing the lack of substantial proof against the accused. Key legal principles discussed included the assessment of witness credibility and the standards for circumstantial evidence in criminal cases. The ruling highlights the challenges in securing convictions based solely on eyewitness testimony, especially when conflicting medical evidence exists. This case serves as a significant reference for future criminal proceedings, particularly regarding the weight of ocular versus circumstantial evidence and the necessity of establishing clear motives. Keywords: criminal law, eyewitness testimony, circumstantial evidence, Supreme Court, acquittal, legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA, JJ
|
| Lawyers |
Not available
|
| Petitioners |
ABDUL RAHMAN
|
| Respondents |
SHABBIR HUSSAIN,
ZAHOOR HUSSAIN,
ALI HASSAN,
LAL DIN
|
| Citations |
1985 SLD 590,
1985 SCMR 821
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860)
|
| Sections |
Art. 185(3),
5.302
|