| Case ID |
39b641e9-b41b-4622-b192-d9b3163a390d |
| Body |
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| Case Number |
K-8 of 1972 |
| Decision Date |
Feb 16, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal filed by the petitioner, Talib. The court upheld the previous conviction and sentences imposed by the High Court of Sind & Baluchistan, which had maintained the conviction of the petitioner while acquitting the other four accused. The Supreme Court found that the prosecution's evidence, consisting primarily of ocular testimony supported by ballistic evidence, was reliable and credible. The court considered the potential bias of the prosecution witnesses but concluded that the corroborative evidence from the recovered empty gun matched the weapon recovered from the accused, reinforcing the conviction. Consequently, the petition to overturn the conviction was denied, and the original sentences were upheld. |
| Summary |
In the landmark case Citation(s): 1973 SLD 58 and 1973 SCMR 138, the Supreme Court of Pakistan deliberated on Petition for Special Leave to Appeal No. K-8 of 1972, with the decision dated 16th February 1973. The petitioner, Talib, along with four others, was originally convicted by the Sessions Judge of Nawabshah for multiple offenses under sections 148, 302/149, and 307/149 of the Pakistan Penal Code (P.P.C.), involving the murder of Abdul Rashid and an attempt to murder Mohammad Siddiq. The High Court of Sind & Baluchistan upheld Talib's conviction while acquitting the other four accused due to concerns over the reliability of prosecution witnesses and the potential for false implications. However, the Supreme Court, upon reviewing the evidence, including ocular testimonies and ballistic analysis, found the prosecution's case robust. The court determined that the corroborative evidence, notably the recovered empty cartridge matching the gun seized from Talib, validated the eyewitness accounts despite their vested interests. The Supreme Court emphasized the importance of credible evidence in upholding justice and dismissed the petition, thereby affirming the original conviction and sentences. This case underscores the judiciary's commitment to evidence-based judgments and the rigorous scrutiny of witness credibility in criminal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
High Court Of Sind & Baluchistan
|
| Judges |
HAMOODUR RAHMAN, C.J.,
WAHEEDUDDIN AHMAD, J
|
| Lawyers |
Muhammad Hayat Junejo,
Sh. Hyder Bakhsh,
Nemo
|
| Petitioners |
TALIB
|
| Respondents |
THE STATE
|
| Citations |
1973 SLD 58,
1973 SCMR 138
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
148,
302/149,
307/149
|