| Case ID |
39b207d0-759f-459a-8d3b-58c2011369cb |
| Body |
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| Case Number |
Crl. As. 3-P & 4-P of 2014 |
| Decision Date |
Apr 30, 2019 |
| Hearing Date |
Apr 30, 2019 |
| Decision |
The Supreme Court allowed the appeal filed by the convict and set aside the judgment of the Peshawar High Court. The conviction was based primarily on a dying declaration, which was deemed unreliable due to the absence of the witness who recorded it. Therefore, the Court extended the benefit of the doubt to the appellant, leading to the dismissal of the complainant's appeal and the convict's release. |
| Summary |
In the case of Crl. As. 3-P & 4-P of 2014, the Supreme Court of Pakistan addressed the critical issues surrounding the conviction for murder under the Pakistan Penal Code. The case revolved around the dying declaration of the deceased, which was pivotal in determining the outcome of the trial. The court emphasized the need for rigorous scrutiny of dying declarations and highlighted the necessity of having the recording officer as a witness to ensure the integrity of such statements. Ultimately, the Court ruled in favor of the convict, allowing the appeal and setting aside the previous conviction, thereby underscoring the importance of due process and the principle of benefit of the doubt in criminal justice. This case serves as a significant precedent in the interpretation of evidence in murder cases, particularly regarding dying declarations and their admissibility. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MANZOOR AHMAD MALIK,
SYED MANSOOR ALI SHAH,
QAZI MUHAMMAD AMIN AHMED
|
| Lawyers |
Mr. Astaghfirullah, ASC,
Mr. Muhammad Ajmal Khan, AOR,
Barrister Qasim Wadud, Additional Advocate General, Khyber Pakhtunkhwa
|
| Petitioners |
ANOTHER,
SOMAID
|
| Respondents |
ANOTHER,
ALI GOHAR @ GOHAR ZAMAN
|
| Citations |
2019 SLD 2368,
2019 PLJ 423
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
302(b),
382B
|