| Case ID |
430f4f7c-24b3-4794-8dd7-82e919a83080 |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No.2 |
| Decision Date |
Dec 12, 1987 |
| Hearing Date |
Dec 12, 1987 |
| Decision |
The Supreme Court of Pakistan refused to grant leave to appeal against the Lahore High Court's judgment, which acquitted the respondents in a case under section 304 Part-II of the Penal Code. The court found that the High Court had properly appreciated the evidence presented and was justified in its decision to acquit the accused. The petitioner's counsel argued that the High Court failed to appreciate key evidence, particularly the testimony of a witness regarding an alibi. However, the Supreme Court concluded that the High Court's assessment was correct, leading to the refusal of the leave to appeal. |
| Summary |
In the case of Criminal Petition for Special Leave to Appeal No.216 of 1981, the Supreme Court of Pakistan addressed a petition challenging the Lahore High Court's acquittal of the respondents in a murder case under section 304 of the Penal Code. The petitioner's counsel argued that the High Court had misinterpreted the evidence, particularly concerning the alibi of one of the accused. The Supreme Court, after reviewing the evidence and the High Court's judgment, found that the lower court had adequately considered the evidence and ruled justly in favor of the acquittal. As a result, the Supreme Court upheld the High Court's decision, refusing to grant leave to appeal. This case highlights the importance of evidence evaluation and judicial discretion in acquittal cases, emphasizing the standards of proof required in criminal proceedings. Keywords: Supreme Court, Pakistan, Criminal Law, Acquittal, Evidence Evaluation, Judicial Discretion. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD JAN
|
| Lawyers |
Jari Ullah Khan,
Iqbal Ahmad Qureshi,
Farooq Hussain Naqvi,
M.A. Qureshi,
Sadiq Hayat
|
| Petitioners |
BASHIR AHMAD
|
| Respondents |
SABIR ALI AND OTHERS
|
| Citations |
1988 SLD 3047,
1988 SCMR 360
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
304,
185(3)
|