| Case ID |
44fc0ac3-bf04-4816-88fd-fe4d044e9258 |
| Body |
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| Case Number |
Criminal Appeal No. 37 of 1981 |
| Decision Date |
Aug 11, 1986 |
| Hearing Date |
Aug 11, 1986 |
| Decision |
The Supreme Court of Pakistan set aside the conviction order of the High Court, restoring the acquittal of the appellants. The Court ruled that the High Court's interference was unjustified as it did not adequately consider the trial court's findings. The evidence presented by the prosecution was deemed insufficient, and the trial court's conclusions regarding the credibility of the witnesses were upheld. The Court emphasized the importance of sound reasoning in the appreciation of evidence and the necessity for sufficient grounds for overturning acquittals. The appellants were to be released if not wanted in any other case. |
| Summary |
This case revolves around the appeal of Fazal Shah and Mian Azam Shah against their conviction in a criminal case involving murder and attempted murder. The Supreme Court examined the evidence, highlighting discrepancies in witness testimonies and the lack of corroborative evidence from the prosecution. The trial court had acquitted the appellants based on its evaluation of the evidence, which the High Court overturned. The Supreme Court found the High Court's reasoning inadequate and reinstated the trial court's decision, emphasizing the necessity for a thorough and reasoned analysis of evidence. The case underscores the critical role of judicial scrutiny in criminal proceedings, particularly regarding the credibility of witnesses and the standards required for conviction. Legal practitioners and scholars alike can glean vital insights from this case about the principles of criminal law, the evidentiary standards required for a conviction, and the appellate review process in securing justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Haleem, C.J.,
Nasim Hasan Shah,
Shafiur Rahman,
Saad Saood Jan, JJ
|
| Lawyers |
Muhammad Sadiq Warraich, Advocate Supreme Court,
Mian M. Ajmal, Law Officer for Advocate-General, N.-W.F.P.,
Mian Shakirullah, Advocate-on-Record
|
| Petitioners |
Fazal Shah,
Mian Azam Shah
|
| Respondents |
The State
|
| Citations |
1987 SLD 1459,
1987 SCMR 86
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
417,
302,
307,
34
|