| Case ID |
d783cf12-cf2e-4eda-8493-bd93a00c4eed |
| Body |
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| Case Number |
Criminal Appeal No.8-K of 1989 |
| Decision Date |
Nov 05, 1991 |
| Hearing Date |
Oct 23, 1991 |
| Decision |
The appeal was directed against the judgment of the High Court of Sindh in a murder case where the order of acquittal passed by the learned trial Court was set aside. The accused, Hakim Ali, Mohammad Usman, Mohammad Panah, and Haji Jaro, were sentenced to life imprisonment and a fine of Rs. 5,000, with further rigorous imprisonment for six months upon default. The decision emphasized the importance of corroborative evidence and the scrutiny of witness credibility, especially when witnesses are related or have enmity towards the accused. |
| Summary |
This Supreme Court case involves a criminal appeal against an acquittal in a murder trial. The accused were initially acquitted by a trial court, but the High Court of Sindh overturned this decision, leading to an appeal by the accused. The case highlights key legal principles regarding the presumption of innocence, the need for corroborative evidence, and the careful evaluation of witness credibility. The Supreme Court reaffirmed that in acquittal appeals, a court should not lightly interfere with the findings of the trial court unless substantial evidence suggests otherwise. This case emphasizes the significance of meticulous evidence appraisal, especially in cases involving serious charges like murder. The court's decision reflects ongoing legal discourse on the balance between justice and the rights of the accused. Keywords: Supreme Court, acquittal appeal, murder trial, witness credibility, corroborative evidence, legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
SAJJAD ALI SHAH,
SALEEM AKHTAR
|
| Lawyers |
Not available
|
| Petitioners |
MUHAMMAD USMAN,
MOHAMMAD PANAH,
HAJI JARO
|
| Respondents |
THE STATE
|
| Citations |
1992 SLD 545,
1992 SCMR 489
|
| Other Citations |
PLD 1985 SC 11,
PLD 1951 Lah. 66,
PLD 1981 SC 635,
PLD 1981 SC 477,
PLD 1978 SC 137
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
Art. 185(1),
S. 302,
S. 103
|