| Case ID |
41dae324-1bab-48f1-8f18-40b5b82a5f90 |
| Body |
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| Case Number |
Jail Petition No. 405 of 2021 and Criminal Petitio |
| Decision Date |
Mar 02, 2023 |
| Hearing Date |
Mar 02, 2023 |
| Decision |
The Supreme Court upheld the convictions and sentences of the petitioners for their involvement in a dacoity that resulted in murder. The evidence presented included consistent eyewitness accounts, medical corroboration of injuries, and identification parades. The Court found that discrepancies in witness statements did not undermine the overall credibility of the prosecution's case. The decision reaffirms the principles governing dacoity and the shared liability of participants in such crimes, emphasizing that all members of a group committing a dacoity with murder are equally culpable. The petitions for leave to appeal were dismissed, affirming the lower court's judgment. |
| Summary |
The Supreme Court of Pakistan delivered a decisive judgment in the case concerning Jail Petition No. 405 of 2021 and Criminal Petition No. 946 of 2021. This case revolved around serious charges under the Penal Code, specifically sections related to murder and dacoity. The petitioners, including ANSAR and others, were convicted based on compelling evidence presented during the trial, including eyewitness testimonies and medical reports that corroborated the accounts of the events that transpired during the dacoity. The judgment emphasized the importance of consistent witness statements and the legal principles surrounding joint criminal enterprise, particularly in cases of dacoity resulting in murder. The Court clarified that in such circumstances, all participants are liable for the actions taken during the crime. Legal representatives for the petitioners argued for inconsistencies in witness accounts, but the Court found these discrepancies minor and not sufficient to cast doubt on the prosecution's case. This ruling reinforces the legal framework for addressing serious offenses such as dacoity and murder, and it serves as a precedent for future cases involving similar charges. The final decision of the Court was to dismiss the petitions for leave to appeal, thereby upholding the original convictions and sentences imposed by the lower courts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Yahya Afridi,
Sayyed Mazahar Ali Akbar Naqvi,
Muhammad Ali Mazhar
|
| Lawyers |
Mrs. Tabinda Islam, Advocate Supreme Court,
Syed Rifaqat Hussain Shah, Advocate-on-Record,
Rashad Javaid Lodhi, Advocate Supreme Court,
Mirza Muhammad Usman, D.P.G. for the State
|
| Petitioners |
others,
ANSAR
|
| Respondents |
The STATE,
others
|
| Citations |
2023 SLD 1366 = 2023 SCMR 929
|
| Other Citations |
Tasar Mehmood v. The State 2020 SCMR 1013,
Ghazanfar Ali v. The State 2012 SCMR 215,
Muhammad Ali v. The State 2022 SCMR 2024
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302,
396,
324,
149
|