| Case ID |
3c9c205c-c82d-40bc-ab3d-ab455a24adf2 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 150 of 1993 and Criminal Petit |
| Decision Date |
Mar 22, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal and acquitted the appellant, Zafar Hayat, from the charges under section 302 of the Penal Code, which had initially resulted in a death sentence being altered to life imprisonment by the High Court. The Court found the testimony of the prosecution witnesses to be doubtful and lacking corroborative evidence. The medical evidence was also not sufficient to support the prosecution's claims. The motive alleged by the complainant was discarded, and the recovery of the firearm was deemed unreliable as it was not examined by a Fire Arms Expert. Consequently, the Court dismissed the related criminal petition seeking enhancement of the sentence. |
| Summary |
In the case of Zafar Hayat vs. The State, the Supreme Court of Pakistan addressed serious concerns regarding the reliability of witness testimonies in capital cases. The appellant was initially sentenced to death for the murder of Muhammad Nawaz but contested this decision, leading to a significant review of the evidence. The Supreme Court highlighted critical issues regarding the credibility of eyewitness accounts, particularly given the circumstances under which they were made. The Court's analysis emphasized the necessity of corroborative evidence in criminal proceedings, especially in cases involving severe penalties. The case serves as a poignant reminder of the judicial system's duty to uphold justice by ensuring that convictions are supported by solid and credible evidence. The decision underscores the importance of thorough investigations and the role of expert testimonies in judicial outcomes. This ruling also reflects ongoing discussions about the standards of proof required in criminal cases, particularly in heinous offenses like murder. Keywords: eyewitness reliability, corroborative evidence, criminal justice, Supreme Court decisions, Pakistan law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SALEEM AKHTAR,
ZIA MEHMOOD MIRZA,
FAZAL KARIM
|
| Lawyers |
Asif Saeed Khan Khosa,
Raja A. Ghafoor
|
| Petitioners |
ZAFAR HAYAT
|
| Respondents |
THE STATE
|
| Citations |
1995 SLD 745,
1995 SCMR 896
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302
|