| Case ID |
735571c3-4a33-470a-8537-852a04594489 |
| Body |
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| Case Number |
Criminal Petitions Nos.104-R and 229 of 1987 |
| Decision Date |
Apr 16, 1988 |
| Hearing Date |
Apr 16, 1988 |
| Decision |
The Supreme Court of Pakistan, upon examining the evidence and the arguments presented, concluded that the conviction of the petitioners required a comprehensive reappraisal of the evidence in the interest of justice. The court emphasized that the conviction could not solely rely on the evidence of the approver, Muhammad Bashir Mir, without independent corroboration from other credible witnesses. The court highlighted concerns regarding the reliability of the corroborating witness, Pir Faqir Ali, whose statement was recorded twelve days post-incident without having reported the occurrence to the investigating officer. Consequently, the court granted leave to appeal to the petitioners, allowing them the opportunity to contest their convictions and sentences in a higher judicial forum. |
| Summary |
This case revolves around the legal principles concerning the value of an approver's evidence and the necessity of independent corroboration in criminal convictions. The Supreme Court of Pakistan dealt with the appeals of Muhammad Shahzada and others against their convictions for murder. The court scrutinized the evidence provided by the approver and noted the lack of timely reporting by corroborating witnesses. The decision underscores the critical need for a thorough evaluation of all evidence presented in criminal cases, particularly when the conviction relies heavily on the testimony of a single witness. This case is significant in reinforcing the standards of evidence required in criminal proceedings, ensuring that justice is served through reliable and corroborated testimonies. Keywords include 'Supreme Court of Pakistan', 'murder conviction', 'approver's evidence', 'criminal justice', and 'evidence reappraisal'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
NASIM HASAN SHAH,
SHAFIUR RAHMAN
|
| Lawyers |
Ijaz Hussain Batalvi, Senior Advocate Supreme Court,
MA. Zafar, Advocate Supreme Court,
Manzoor Elahi, Advocate-on-Record
|
| Petitioners |
anothers,
MUHAMMAD SHAHZADA alias SHADA
|
| Respondents |
THE STATE
|
| Citations |
1989 SLD 1641,
1989 SCMR 1375
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Penal Code (XLV of 1860)
|
| Sections |
185(3),
302/34
|