| Case ID |
3a800410-62db-44b7-9799-8542ea8a2554 |
| Body |
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| Case Number |
Criminal Appeal No.2-Q of 1989 |
| Decision Date |
May 29, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan addressed the appeal of Raees Jumma against his conviction under section 302 of the Penal Code. The Court found that the initial conviction based on the statement of a prosecution witness was flawed as it relied on inferential rather than direct evidence. The Court ruled that the appellant's conviction should be altered to that of abetment under section 302/109. The sentence was reduced to four years, aligning the abettor's punishment with that of the principal accused. The Court emphasized the need for consistency in sentencing between abettors and principal offenders. The appeal was accepted, and the judgment of the High Court was set aside, restoring the Deputy Commissioner's original sentence. |
| Summary |
In the case of Raees Jumma, the Supreme Court of Pakistan examined the legality of a conviction under section 302 of the Penal Code, which deals with murder. The Court held that the evidence presented was insufficient for a murder conviction and instead found the appellant guilty of abetment. The principle of equal sentencing for abettors and principals was emphasized, leading to a reduction of the sentence to four years. This case underscores the importance of evidentiary standards in criminal law and the rights of the accused within the judicial system. Key legal principles involved include the interpretation of witness statements and the evaluation of complicity in criminal acts. The ruling serves as a significant precedent in the realm of criminal justice, particularly regarding the treatment of abettors in relation to principal offenders. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN, JJ,
ALI HUSSAIN QAZILBASH, JJ,
ABDUL QADEER CHAUDHRY, JJ
|
| Lawyers |
M. Aslam Chishti, Advocate
|
| Petitioners |
RAEES JUMMA
|
| Respondents |
THE STATE,
Allah Warayo
|
| Citations |
1991 SLD 1497,
1991 SCMR 2018
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Law (Special Provisions) Ordinance (II of 1968)
|
| Sections |
302,
302/109,
23
|