| Case ID |
5e808588-bf71-4852-ab3b-987061abf791 |
| Body |
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| Case Number |
Criminal Petitions No. 160 of 2000 and 108 of 2001 |
| Decision Date |
Sep 11, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the Criminal Petition for Leave to Appeal (No. 108/2001) filed by Ellahi Bakhsh, maintaining the sentence of life imprisonment imposed by the Trial Court and upheld by the High Court. The Court found the prosecution's evidence credible and sufficient to sustain the conviction of the petitioner, Rabnawaz, for the murder of Muhammad Sadiq. The Court ruled that the discrepancies in witness statements regarding the weapon used and the distance of the shooting did not undermine the overall reliability of the evidence presented. The Court also emphasized that the maxim 'falsus in uno falsus in omnibus' does not universally apply, allowing for the differentiation of cases based on specific circumstances and evidence. The decision affirmed the principle that the prosecution must prove its case beyond a reasonable doubt, which was achieved in this instance. |
| Summary |
This case revolves around the conviction of Rabnawaz for the murder of Muhammad Sadiq under section 302 of the Penal Code. The events leading to the murder occurred on November 22, 1994, when the complainant, Elahi Bakhsh, and his companion witnessed the accused, Rabnawaz, and others pursuing and fatally shooting Muhammad Sadiq. The Supreme Court evaluated the credibility of eyewitness testimonies and the evidentiary value of forensic reports regarding the weapon used. The Court highlighted that the exact distance of the shooting could not be accurately determined due to the chaotic nature of the incident. Ultimately, the Court upheld the conviction based on consistent and reliable witness accounts, reinforcing the legal standards for evidence in criminal cases. This case serves as a significant reference point for the application of evidentiary rules in the context of eyewitness reliability and the interpretation of legal maxims in judicial proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NAZIM HUSSAIN SIDDIQUI,
JAVED IQBAL
|
| Lawyers |
Muhammad Ilyas Siddiqui, Advocate Supreme Court,
M.A. Zaidi, Advocate-on-Record,
Sardar Muhammad Latif Khan Khosa, Senior Advocate Supreme Court,
Sardar Muhamad Siddique Khan, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
ELLAHI BAKHSH
|
| Respondents |
another,
RAB NAWAZ
|
| Citations |
2002 SLD 1518,
2002 SCMR 1842
|
| Other Citations |
Mst. Shamim Akhtar v. Fiaz Akhtar PLD 1992 SC 211,
Muhammad Ahmad v. State 1997 SCMR 89,
Muhammad Iqbal v. Muhammad Akram 1996 SCMR 908,
Khairu v. State 1981 SCMR 1136
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
185(3)
|