| Case ID |
67c7e285-cc16-46f7-85af-02c1f40f130f |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 17 of 19 |
| Decision Date |
Apr 17, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the conviction and sentence of the petitioner, Ajab Shafi, for the murder of Ismail under section 302/34 of the Penal Code. The court found that the ocular evidence presented during the trial was credible and corroborated by the abscondence of the petitioner for nearly three years. The court noted that the incident occurred in broad daylight, minimizing the possibility of mistaken identification. It was determined that the lower courts had properly evaluated the evidence and reached valid conclusions in their judgments. |
| Summary |
In this notable case, Ajab Shafi sought leave to appeal against a conviction for murder under section 302/34 of the Penal Code. The Supreme Court of Pakistan analyzed the evidence presented, which included eyewitness accounts and the fact that the petitioner had absconded for three years. The court upheld the decision of the Peshawar High Court, which had dismissed Shafi’s appeal against his life sentence and fine. The ruling emphasized the importance of credible ocular evidence and the implications of absconding in criminal cases. This case highlights critical aspects of criminal law and the judicial process in Pakistan, particularly regarding the assessment of evidence and the role of eyewitness testimony in securing convictions. The findings serve as a precedent for future cases involving similar charges and defenses, reinforcing the judiciary's commitment to upholding justice and ensuring accountability. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD RAFIQ TARAR,
WALI MUHAMMAD KHAN
|
| Lawyers |
Muhammad Munir Peracha,
Ejaz Muhammad Khan
|
| Petitioners |
AJAB SHAFI
|
| Respondents |
THE STATE
|
| Citations |
1995 SLD 306,
1995 SCMR 1172
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
302/34,
185(3)
|