| Case ID |
52b7e613-f0ba-4eea-891c-07a66701226d |
| Body |
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| Case Number |
Criminal Appeal No. 120 of 1983 |
| Decision Date |
Dec 21, 1987 |
| Hearing Date |
Dec 20, 1987 |
| Decision |
The Supreme Court dismissed the appeal, concluding that the High Court was correct in acquitting the respondents. The Court found that the evidence presented by the prosecution was not credible, highlighting inconsistencies in witness testimonies and the improbability of the events as described. The Court noted that the prosecution failed to establish the presence of the accused at the crime scene and that the injuries sustained were not consistent with the accounts provided. The judgment emphasized the importance of reliable evidence in criminal cases and upheld the principle of reasonable doubt in favor of the accused. |
| Summary |
In the case of Criminal Appeal No. 120 of 1983, the Supreme Court of Pakistan evaluated the acquittal of Allah Wasaya and others by the High Court in a murder case. The appeal centered on whether the High Court's decision to acquit was justified based on the evidence presented. The Court scrutinized the testimonies of various witnesses, highlighting significant inconsistencies and improbabilities that cast doubt on the prosecution's narrative. The Court concluded that the evidence was insufficient to support the conviction of the respondents, leading to the dismissal of the appeal. This case underscores the critical role of credible evidence in the judicial process and the necessity of establishing guilt beyond a reasonable doubt in criminal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAJUR RAHMAN,
USMAN ALI SHAH, JJ
|
| Lawyers |
M.B. Zaman, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
Ijaz Hussain Batalvi, Senior Advocate Supreme Court
|
| Petitioners |
MEHAR HUSSAIN
|
| Respondents |
KHADIM HUSSAIN,
GHULAM MUHAMMAD,
ALLAH WASAYA
|
| Citations |
1989 SLD 408,
1989 SCMR 103,
1989 SLD 964
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Penal Code (XLV of 1860)
|
| Sections |
185(3),
302/34
|