| Case ID |
5c8cb4a7-13ed-4af9-96a2-c9aec5489b52 |
| Body |
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| Case Number |
Criminal Appeal No. 9-P of 1976 |
| Decision Date |
Jul 09, 1977 |
| Hearing Date |
Mar 14, 1977 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of the appellant, Zarif Khan, and set aside the conviction and sentence passed against him. The court found that the prosecution had failed to prove the appellant's guilt beyond a reasonable doubt. The judges scrutinized the reliability of the dying declarations and found inconsistencies in the testimonies of the witnesses, particularly regarding the conditions under which the dying declarations were made. The court emphasized that a dying declaration must be made by a person of unimpeachable integrity and that the circumstances surrounding the making of such declarations must be carefully examined. In this case, the court concluded that the evidence presented was not sufficient to support a conviction. |
| Summary |
This case revolves around the evidentiary value of dying declarations under the Evidence Act of 1872. The Supreme Court of Pakistan reviewed the conviction of Zarif Khan, who was accused of murdering Abdul Jabbar. The court highlighted the importance of the integrity of the declarant and the circumstances under which dying declarations are made. The decision underscored that while a dying declaration can be a critical piece of evidence, it must be supported by reliable circumstances to ensure its credibility. The ruling emphasizes the need for corroboration in cases where the credibility of dying declarations is questionable, especially in light of the potential for family feuds and enmity to influence the statements made by the deceased. The case serves as a significant reference for future legal proceedings concerning dying declarations, establishing a precedent for evaluating their reliability and the integrity of witnesses involved in such cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ,
MUHAMMAD AKRAM,
DORAB PATEL
|
| Lawyers |
Muhammad Ishaq Khan Kundi, Advocate instructed by M. Qasim Imam, Advocate-on-Record for Appellant.,
S. Safdar Hussain, Advocate-on-Record for the State.
|
| Petitioners |
ZARIF KHAN
|
| Respondents |
THE STATE
|
| Citations |
1977 SLD 282,
1977 PLD 612
|
| Other Citations |
Muhammad Khan v. The State P L D 1961 Lab. 936,
R. v. Woodcock 1 Leach C C 5,
Emperor v. Akbarali Karimbhai A I R 1933 Bom. 479,
Bakhshish Singh alias Bakhshi and others v. Emperor A I R 1925 Lab. 549,
Hussain Sk. and others v. The State A I R 1953 Cal. 383,
Khurshid Hussain Salitron and others v. Emperor A I R 1941 Lab. 368
|
| Laws Involved |
Evidence Act (I of 1872)
|
| Sections |
32
|