Legal Case Summary

Case Details
Case ID 735571c3-4a33-470a-8537-852a04594489
Body View case body.
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