Legal Case Summary

Case Details
Case ID 67c7e285-cc16-46f7-85af-02c1f40f130f
Body View case body.
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)