| Case ID |
4234b684-f0a6-4972-b34d-051e04047bb9 |
| Body |
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| Case Number |
J.P. No. 943 of 2017 |
| Decision Date |
May 12, 2022 |
| Hearing Date |
May 12, 2022 |
| Decision |
The Supreme Court of Pakistan modified the sentence of the petitioner, Muhammad Ashraf alias Nikka, who was initially sentenced to death by the trial court under Section 302(b) of the Pakistan Penal Code. The High Court had maintained the conviction but altered the death sentence to life imprisonment. The Supreme Court observed that the occurrence was a sudden affair without premeditation, and the petitioner had also sustained injuries during the incident. The court ruled that any doubt in the prosecution's case should be resolved in favor of the accused, ultimately convicting him under Section 302(c) and sentencing him to the period he had already undergone, which was more than 15 years. The judgment highlighted the principle that a single circumstance creating reasonable doubt entitles the accused to its benefits as a matter of right. |
| Summary |
In the case of J.P. No. 943 of 2017, the Supreme Court of Pakistan addressed significant issues surrounding the principles of criminal law, particularly the application of the Pakistan Penal Code in cases of murder. The court's ruling emphasized the importance of examining the facts of the case closely, particularly the circumstances surrounding the incident that led to the death of Salamat Ali. The court found that the prosecution's evidence was not sufficiently robust to sustain the conviction of Muhammad Ashraf, given the lack of premeditation and the injuries sustained by the accused during the altercation. This case serves as a pivotal reference point for understanding how sudden occurrences in criminal acts are treated under the law, highlighting the balance between justice for the victim and the rights of the accused. The outcome underscores the necessity for the prosecution to provide clear, undeniable evidence to support their claims, as any reasonable doubt must be resolved in favor of the accused. Legal practitioners should note the implications of this ruling for future cases involving similar circumstances, particularly regarding the burden of proof and the significance of reasonable doubt in criminal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IJAZ-UL-AHSAN,
MUNIB AKHTAR,
SAYYED MAZAHAR ALI AKBAR NAQVI
|
| Lawyers |
Mr. Aftab Hussain Bhatti, ASC for Petitioner,
Mr. Muhammad Jaffer, D.P.G. for State
|
| Petitioners |
MUHAMMAD ASHRAF alias NIKKA
|
| Respondents |
STATE
|
| Citations |
2022 SLD 1820,
2022 PLJ 269
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302(b),
302(c),
337-F(v),
337-F(vi),
148,
149
|