| Case ID |
42feeca4-9211-4646-934e-1c84a9224aa7 |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 388 of 1 |
| Decision Date |
Apr 09, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the acquittal of the respondents by the Lahore High Court. The High Court had found that the evidence presented did not sufficiently establish the motive for the murder, and the credibility of the witnesses was questionable. The acquittal was based on the benefit of the doubt, as the prosecution had failed to prove its case beyond reasonable doubt. The Supreme Court upheld the High Court's decision, affirming that the acquitted parties had not been convincingly implicated in the crime, leading to the dismissal of the petition. |
| Summary |
This case revolves around the acquittal of Inayat and Saif, who were initially convicted for the murder of Akbar Ali but later acquitted by the Lahore High Court. The Supreme Court of Pakistan reviewed the evidence and found that the High Court's decision to acquit was justified due to various factors including the lack of credible motive, the unreliability of witness statements, and the unexplained delay in lodging the First Information Report (FIR). The case highlights significant aspects of criminal law, particularly pertaining to the burden of proof and the principle of 'innocent until proven guilty'. This ruling underscores the importance of credible evidence in criminal proceedings and sets a precedent for future cases dealing with similar issues. Keywords: murder acquittal, Supreme Court Pakistan, criminal law, benefit of doubt, credible evidence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Nur Muhammad,
Akbar Ali
|
| Judges |
JAVID IQBAL,
GHULAM MUJADDID,
SAAD SAOOD
|
| Lawyers |
Asif Saeed Khan Khosa,
S. Abul Asim Jafari,
Malik Saeed Hassan,
Ch. Mehdi Khan Mehtab,
Muhammad Akhtar,
Khawaja Shaukat Ali,
Rao Mohammad Yousaf Khan
|
| Petitioners |
HATAM ALI
|
| Respondents |
INAYAT,
SAIF
|
| Citations |
1989 SLD 2036,
1989 SCMR 2032
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
185(3)
|