| Case ID |
d6f9f61e-f1b3-4900-9f8c-6525f15026e6 |
| Body |
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| Case Number |
K-36 of 1972 |
| Decision Date |
Aug 28, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitioner's plea for leave to appeal against the acquittal of the respondents by the High Court. The court noted that the prosecution's case was riddled with inconsistencies and lacked credible evidence. The witnesses were deemed unreliable and the injuries described did not support the prosecution's claims of attempted murder. The judgment of the High Court was not found to be perverse, and the court upheld the principle of ensuring justice by not convicting individuals based on insufficient evidence. |
| Summary |
In the case of Shahmir vs Mumtaz and Others, the Supreme Court of Pakistan dealt with a criminal petition regarding the alleged attempted murder of Shahmir by the respondents. The trial court had convicted the respondents under various sections of the Penal Code, but upon appeal, the High Court acquitted them, citing doubts about the prosecution's case. The Supreme Court upheld the High Court's decision, emphasizing the importance of credible evidence in criminal cases. The court found that the witnesses were not reliable, and the medical evidence contradicted the claims made by the prosecution. This case highlights the challenges faced in criminal litigation, particularly concerning witness reliability and the burden of proof. Keywords such as 'criminal law', 'attempted murder', 'Supreme Court of Pakistan', and 'high court acquittal' are pertinent in understanding the legal landscape surrounding this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI, ACTG. C.J.,
WAHEEDUDDIN AHMAD,
SDAHUDDIN AHMED,
MUHAMMAD GUL
|
| Lawyers |
M. I. Memon, Advocate-on-Record
|
| Petitioners |
SHAHMIR
|
| Respondents |
2 OTHERS,
MUMTAZ
|
| Citations |
1973 SLD 200,
1973 SCMR 608
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
307/34
|