| Case ID |
5099b2fb-d3b6-4a05-b6c7-08da06e2afab |
| Body |
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| Case Number |
Criminal Appeal No. 448 of 2007 |
| Decision Date |
May 06, 2010 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan found that the trial court had committed a miscarriage of justice by not allowing the accused to properly cross-examine the eye-witnesses. The appeal was allowed, the conviction and death sentence were set aside, and the case was remanded to the trial court for a fresh trial with an opportunity for the accused to cross-examine the two crucial witnesses. This decision emphasized the importance of fair trial rights and the responsibility of the court to ensure that justice is served. |
| Summary |
In the case of Abdul Ghafoor vs The State, the Supreme Court addressed significant issues regarding the rights of the accused and the procedural fairness of the trial process. The case stemmed from a conviction for the double murder of Muhammad Hussain and Saif Ali, where the accused was sentenced to death. The primary contention was that the eye-witnesses were not cross-examined, which is critical in establishing the credibility of witness testimony. The apex court highlighted that the trial court failed to ensure the accused's right to a fair trial by not providing adequate opportunities for legal representation. This case reiterates the legal principle that every accused has the right to confront their accusers and challenge the evidence presented against them. The ruling serves as a reminder of the judiciary's role in safeguarding fundamental rights within the justice system, particularly in capital cases. The court's decision to remand the case for retrial underscores the necessity for thoroughness in legal proceedings and the protection of defendants' rights, which are paramount in achieving justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Tassaduq Hussain Jillani,
Khilji Arif Hussain,
Asif Saeed Khan Khosa
|
| Lawyers |
Muhammad Zaman Bhatti,
Mian Asif Mumtaz
|
| Petitioners |
Abdul Ghafoor
|
| Respondents |
The State
|
| Citations |
2011 SLD 1320,
2011 SCMR 23
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|