| Case ID |
466cc337-f1eb-4087-be7f-51a7c622a31e |
| Body |
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| Case Number |
Criminal Appeal No. 323 of 1995 |
| Decision Date |
Apr 05, 2004 |
| Hearing Date |
Mar 18, 2004 |
| Decision |
The Supreme Court of Pakistan allowed the appeal filed by Dildar Hussain against the acquittal of respondents by the Lahore High Court. The Court restored the conviction of Yahya Bakhtiar under Section 302/34 of the Pakistan Penal Code, sentencing him to imprisonment for life and imposing a fine. The decision emphasized the importance of ocular evidence and the reliability of eyewitnesses, particularly in cases where medical evidence corroborates the testimony. The Court noted that the High Court had ignored significant evidence, leading to a miscarriage of justice. The perpetual non-bailable warrants were issued against the other respondents, who remained at large. |
| Summary |
This case revolves around the appeal against the acquittal of several individuals charged with the murder of Akhtar Mahmood. The Supreme Court of Pakistan deliberated on the reliability of eyewitness testimony in criminal cases and the implications of the Penal Code. The case highlighted the necessity for courts to evaluate the quality of evidence rather than its quantity. The Court reinstated the conviction of one respondent based on credible eyewitness accounts while addressing the challenges of proving intent and motive in murder cases. Key legal principles regarding the appreciation of evidence, especially the role of medical evidence and witness credibility, were discussed. This case serves as a precedent in understanding the judicial approach to murder convictions in Pakistan, emphasizing the role of eyewitnesses and the importance of thorough judicial scrutiny. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHARY,
RANA BHAGWANDAS,
SARDAR MUHAMMAD RAZA KHAN
|
| Lawyers |
M. Bilal, Senior Advocate Supreme Court,
Ch. Muhammad Akram, Advocate-on-Record,
Malik Rabnawaz Noon, Senior Advocate Supreme Court,
Muhammad Zaman Bhatti, Advocate Supreme Court
|
| Petitioners |
DILDAR HUSSAIN
|
| Respondents |
RIASAT ALI,
KHIZAR HAYAT,
DILAWAR,
MUHAMMAD AFZAAL alias CHALA,
YAHYA BAKHTIAR,
RAHAM DAD
|
| Citations |
2004 SLD 2872,
2004 PLD 663
|
| Other Citations |
The State v. Muhammad Sharif and 3 others 1995 SCMR 635,
Mahmood Ahmed v. The State 1995 SCMR 127,
Muhammad Sharif v. The State 1997 SCMR 866,
Allah Bakhsh v. Shammi PLD 1980 SC 225,
Ghulam Sikandar v. Mamaraz Khan PLD 1985 SC 11
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302/34,
Art.185(3)
|