| Case ID |
d808d1b5-d76f-456e-900b-1a4b374ed299 |
| Body |
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| Case Number |
Jail Petition No. 23 of 1991 |
| Decision Date |
Jan 26, 1994 |
| Hearing Date |
|
| Decision |
Leave to appeal was granted to consider whether the eye-witnesses were in a position to identify the assailant at midnight and whether the Courts below had correctly followed the principles governing appraisal of evidence as laid down by this Court. The Supreme Court took into account the circumstances under which the identification of the assailant was made, particularly focusing on the lighting conditions and the time of the incident. The case emphasizes the importance of evaluating witness credibility and ensuring that legal standards for evidence appraisal are adhered to, thereby safeguarding the rights of the accused while upholding justice. |
| Summary |
In the landmark case of Jail Petition No. 23 of 1991, the Supreme Court of Pakistan addressed critical issues surrounding the identification of an assailant by eyewitnesses in low visibility conditions. The case arose from a murder charge where the identification at midnight was contested. The Court granted leave to appeal to explore whether the lower courts had appropriately assessed the eyewitness testimonies based on established legal principles for evidence evaluation. This case underscores the significance of rigorous evidence appraisal in criminal proceedings, particularly in cases relying heavily on witness identification. The decision highlights the balance between ensuring justice for victims while protecting the rights of the accused, emphasizing the necessity for clear and convincing evidence in serious criminal cases. The legal implications of this case are profound, affecting future rulings on witness credibility and evidence standards in Pakistan's judicial system, thereby shaping the landscape of criminal law and procedural justice in the country. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD RAFIQ TARAR,
MANZOOR HUSSAIN SIAL
|
| Lawyers |
Ch. Afrasiab Khan
|
| Petitioners |
NASEER AHMED
|
| Respondents |
THE STATE
|
| Citations |
1996 SLD 244 = 1996 SCMR 1130
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code,
Constitution of Pakistan (1973)
|
| Sections |
302,
185(3)
|