| Case ID |
440abe74-c568-4771-9306-214e20387035 |
| Body |
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| Case Number |
Criminal Petition No.533-L of 2003 |
| Decision Date |
Jan 25, 2005 |
| Hearing Date |
Jan 25, 2005 |
| Decision |
The Supreme Court of Pakistan dismissed the petition seeking leave to appeal against the acquittal of Muhammad Bakhsh alias Kali recorded by the Lahore High Court. The High Court, after examining the prosecution evidence, concluded that the evidence was insufficient to establish the guilt of the respondent, leading to his acquittal. The court noted that the trial court had found co-accused guilty and awarded them death sentences, while the respondent was acquitted. The Supreme Court upheld the High Court's decision, stating that it was not in a position to interfere with the acquittal, as the High Court had thoroughly considered the evidence and formed an opinion in favor of the accused. The ruling reaffirmed the principle that acquittals should not be lightly disturbed unless there is clear evidence of injustice or error in judgment. |
| Summary |
In the case of Irshad Muhammad vs. Muhammad Bakhsh alias Kali, the Supreme Court of Pakistan addressed the acquittal of the respondent by the Lahore High Court. The case revolved around serious charges of murder under the Penal Code, where the trial court had sentenced two co-accused to death while acquitting Muhammad Bakhsh. The Supreme Court reviewed the arguments presented by Ghulam Sabir and Mehmoodul Islam, the advocates for the petitioner, who contended that the acquittal lacked justification given the incriminating evidence. However, the Supreme Court found no grounds to overturn the High Court's decision, emphasizing the importance of solid evidence in criminal cases. The ruling highlighted the legal standards for appeals against acquittals and the necessity for compelling proof to challenge such verdicts. This case serves as a significant reference point for future legal proceedings involving appeals against acquittals in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J.,
FAQIR MUHAMMAD KHOKHAR,
TASSADUQ HUSSAIN JILLANI, JJ
|
| Lawyers |
Ghulam Sabir, Advocate Supreme Court,
Mehmoodul Islam, Advocate-on-Record
|
| Petitioners |
IRSHAD MUHAMMAD
|
| Respondents |
MUHAMMAD BAKHSH alias KALI
|
| Citations |
2005 SLD 1348,
2005 SCMR 1305
|
| Other Citations |
Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302/34,
Art.185(3)
|