| Case ID |
d42803b5-33fe-46a0-8202-e3b638c4b1e4 |
| Body |
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| Case Number |
Criminal Petition No.479 of 1981 |
| Decision Date |
Feb 09, 1987 |
| Hearing Date |
|
| Decision |
In Criminal Petition No. 479 of 1981, the Supreme Court of Pakistan examined the acquittal of Muhammad Aslam and the conviction of Zia-ud-Din for the murder of Munawar Hayat. The court found discrepancies in the evidence, particularly concerning the dying declaration and the ocular testimony. It concluded that the evidence needed to be reappraised to ensure justice. Consequently, the court granted leave to appeal in both petitions and directed the issuance of bailable warrants against Muhammad Aslam. The decision emphasized the importance of accurate evidence appraisal in criminal cases to uphold justice and prevent wrongful acquittals or convictions. |
| Summary |
This case involves the Supreme Court of Pakistan's review of a criminal matter concerning the acquittal of Muhammad Aslam and the conviction of Zia-ud-Din for the murder of Munawar Hayat. The court scrutinized the evidence, including the dying declaration, which was challenged due to discrepancies and the credibility of eyewitnesses. The court's decision highlights the critical need for thorough evidence evaluation in criminal proceedings to ensure fair outcomes. The ruling reinforces the principles of justice, particularly in cases with conflicting testimonies and motives. The judgment serves as a reminder of the court's role in safeguarding the rights of individuals accused of serious crimes while maintaining the integrity of the judicial process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RALMAN,
MUHAMMAD SHABBIR
|
| Lawyers |
Mehr Ghularr. Ali Mobashar,
Ch. Mehdi Khan,
Rao M Yousaf Khan,
Mr. Ijaz Hussain Batalvi,
Sh. Izharul Haq,
Mr. M.A. Qureshi
|
| Petitioners |
MUHAMMAD HALEEM
|
| Respondents |
another,
MUHAMMAD ASLAM
|
| Citations |
1987 SLD 1684,
1987 SCMR 955
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
302,
185(3)
|