| Case ID |
3ae9dc53-8a9e-4012-b7b9-26d926458d2d |
| Body |
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| Case Number |
Criminal Appeal No. 77 of 1978 |
| Decision Date |
Feb 04, 1981 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal, affirming the Lahore High Court's acquittal of Muhammad Khan. The court found the ocular evidence presented by the prosecution to be from partisan witnesses, lacking credibility. The motive alleged against the accused was found insufficient to establish guilt, and the recovery of the blood-stained knife was deemed unreliable. The court emphasized the importance of corroborative evidence and ultimately concluded that the acquittal did not result in gross miscarriage of justice. |
| Summary |
This case revolves around the appeal against the acquittal of Muhammad Khan by the Lahore High Court in a murder case under Section 304 of the Penal Code. The Supreme Court analyzed the evidence, particularly the testimonies of two prosecution witnesses, which were deemed to be biased due to their familial ties to the victim. The court highlighted the lack of reliable evidence, including the questionable recovery of the weapon used in the crime. The court also examined the dying declaration of the victim and found inconsistencies regarding the language spoken during its recording. The decision underscores the necessity for solid corroborative evidence in criminal cases and illustrates the judicial scrutiny applied to witness credibility and the context of alleged motives. This judgment serves as a critical reference in the understanding of evidentiary standards in criminal law, particularly in cases involving claims of partisanship and the reliability of witness testimonies. Keywords related to this case include 'murder case', 'eyewitness testimony', 'criminal appeal', 'Supreme Court of Pakistan', and 'evidentiary standards'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Dorab Patel,
Muhammad Haleem,
Nasim Hasan Shah
|
| Lawyers |
Ch. Nazir Ahmad,
Masood Akhtar,
Raja Muhammad Anwar,
Ch. Muhammad Aslam,
Advocate-General (Punjab),
M. Kokab Iqbal
|
| Petitioners |
Khan Zaman
|
| Respondents |
Muhammad Khan,
Anwar Khan
|
| Citations |
1981 SLD 266,
1981 SCMR 378
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
304, Part II
|