| Case ID |
3ac5f83e-36f9-45ce-abc8-b0ebc2ab6be6 |
| Body |
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| Case Number |
Criminal Revision No.18 of 1989 |
| Decision Date |
Jun 01, 1992 |
| Hearing Date |
May 07, 1992 |
| Decision |
The case involves a criminal revision application filed by Abdul Kadir challenging the acquittal of the respondents by the trial court. The Sindh High Court reviewed the evidence presented, including eyewitness accounts and medical evidence, but ultimately found that the trial court had properly assessed the credibility of the witnesses and the circumstances surrounding the case. The court noted that the evidence was insufficient to overturn the acquittal, as the eyewitnesses were closely related to the complainant, creating a potential bias. Furthermore, the court highlighted that the evidence of recovery was inconclusive, as the weapons had not been subjected to forensic examination. As a result, the revision application was dismissed, affirming the trial court's decision. This case underscores the importance of corroborative evidence in criminal proceedings, especially when relationships and interests may influence witness testimony. |
| Summary |
In the case of Abdul Kadir vs. Muhammad Nawaz, the Sindh High Court addressed a criminal revision application concerning the acquittal of several respondents accused of serious offenses under the Pakistan Penal Code, including attempted murder and mischief by fire. The petitioner, Abdul Kadir, argued that the trial court misread the evidence, particularly the testimonies of eyewitnesses, who were related to him. The court found that the trial court had adequately considered the context of the relationships and the ongoing land disputes between the parties, which affected the reliability of the testimonies. The court maintained that the acquittal was justified due to the lack of independent corroboration of the eyewitness accounts and the absence of forensic evidence regarding the weapons involved. This ruling emphasizes the necessity for impartial evidence in cases with familial ties and ongoing disputes. The court's decision to uphold the acquittal illustrates the challenges in overturning trial court findings in criminal cases. The judgment demonstrates the judicial system's commitment to ensuring that justice is served based on credible and corroborated evidence, particularly in contentious and complex legal scenarios. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAUKAT HUSSAIN ZUUNOI, J
|
| Lawyers |
Mr. Ghulam Muhammad Khan H.Durrani,
Mr. Ghulam Kadir Malik,
Mr. Abdul Ghani Shaikh,
Sardar Abdul Sattar Chohan
|
| Petitioners |
ABDUL KADIR
|
| Respondents |
MUHAMMAD NAWAZ,
Ali Muhammad,
Muhammad Bashir,
Ghulam Kadir,
Yousuf,
Ali Bux,
Azizuliah,
Mazari
|
| Citations |
1992 SLD 2057,
1992 PLJ 467
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
307,
436,
149
|