Case ID |
46b2e1b9-aca0-479b-8420-a1981d5277ef |
Body |
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Case Number |
Criminal Appeals Nos.770 and 771 of 2006 |
Decision Date |
Sep 05, 2008 |
Hearing Date |
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Decision |
The Supreme Court of Pakistan accepted the appeals of the accused, Tahir Javed and Hafiz Ghulam Yaseen, overturning the previous convictions and sentences handed down by the Lahore High Court and the trial court. The court found significant gaps in the prosecution's case, particularly regarding the reliability of the extra-judicial confessions and the circumstantial evidence presented. The prosecution failed to corroborate key pieces of evidence, including the recovery of the murder weapon and the timeline of events. The court emphasized that the absence of direct evidence and the presence of reasonable doubt necessitated the acquittal of the accused, thereby granting them the benefit of doubt. |
Summary |
The case revolves around the appeals made by Tahir Javed and Hafiz Ghulam Yaseen against their conviction for murder under the Pakistan Penal Code, specifically sections 302(b) and 34. The Supreme Court scrutinized the evidence presented, focusing on the circumstantial nature of the prosecution's case. Key evidence included alleged extra-judicial confessions, which were deemed unreliable due to their improbable context and lack of corroboration. The court noted that the prosecution did not provide sufficient evidence to establish a clear timeline or motive for the accused. The decision underscores the legal principle that in criminal cases, the burden of proof lies with the prosecution, and any reasonable doubt must favor the accused. This case highlights the importance of reliable evidence in securing convictions and the judicial system's commitment to ensuring justice. Keywords relevant to this case include 'Pakistan Penal Code', 'murder conviction', 'extra-judicial confession', 'circumstantial evidence', and 'Supreme Court of Pakistan'. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Not available
|
Judges |
ABDUL HAMEED DOGAR, C.J.,
CH. EJAZ YOUSAF, J
|
Lawyers |
S.M. Nazim,
Hafiz S.A. Rehman
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Petitioners |
TAHIR JAVED
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Respondents |
THE STATE
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Citations |
2009 SLD 1577 = 2009 SCMR 166
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Other Citations |
Ahmed v. The Crown PLD 1951 PC 107,
Sajid Mumtaz and others v. Basharat and others 2006 SCMR 231,
Ziaul Rehman v. The State 2001 SCMR 1405,
Tayyab Hussain Shah v. The State 2000 SCMR 683,
Sarfraz Khan v. The State and others 1996 SCMR 188
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Laws Involved |
Pakistan Penal Code, 1860
|
Sections |
302(b),
34
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