| Case ID |
3958aac1-6253-463b-aca1-b2ca654da8af |
| Body |
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| Case Number |
Criminal Appeal No. 4 of 1953 |
| Decision Date |
May 25, 1953 |
| Hearing Date |
Apr 30, 1953 |
| Decision |
The Supreme Court allowed the appeal of the appellant, Gahno, stating that the trial court had improperly concluded that he did not comply with the conditions of the conditional pardon granted to him. The court emphasized that the prosecution failed to prove that the appellant acted in bad faith or did not fulfill the obligations tied to the pardon. As a result, the court acquitted Gahno of the charges and set aside the convictions and sentences imposed by the lower courts. The ruling highlighted the importance of good faith from both the prosecution and the approver in such cases. |
| Summary |
This case involves a criminal appeal concerning the interpretation of compliance with a conditional pardon under Section 339 of the Criminal Procedure Code (V of 1898). The Supreme Court of Pakistan addressed the circumstances under which an approver's statements are evaluated regarding discrepancies. The court found that the appellant, Gahno, had been unfairly convicted based on alleged inconsistencies in his testimony, which were not adequately scrutinized by the lower courts. In its decision, the Supreme Court underscored the necessity for the prosecution to demonstrate that the conditions of the pardon were not met and that any discrepancies in the approver's statements must be considered in context. Ultimately, the court emphasized that the appellant had not forfeited his pardon, leading to his acquittal. This case highlights crucial aspects of criminal law, the role of approvers, and the standards of proof required in such cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL RASHID, C.J.,
A. S. M. AKRAM,
M. SHAHABUDDIN
|
| Lawyers |
Iftikhar-ul-Haq, Advocate,
Jamil Hussain Rizvi, Advocate
|
| Petitioners |
GAHNO
|
| Respondents |
THE CROWN
|
| Citations |
2002 SLD 1649,
1969 SCMR 849
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
339
|