| Case ID |
d814ef6f-ff38-4f7f-bf67-2eba00729ef8 |
| Body |
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| Case Number |
Criminal Petition No. 50 of 1982 |
| Decision Date |
Nov 18, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused leave to appeal against the judgment of the Lahore High Court. The High Court had acquitted the accused under section 302/34 of the Penal Code, citing doubts regarding the evidence presented. The court emphasized that the testimony of interested witnesses was not reliable due to the background of longstanding enmity between the parties. The ruling highlighted the importance of corroborative evidence and the risks of wrongful conviction in cases where the line between innocence and guilt is blurred. The decision underscored the principles governing appeals against acquittals, specifically that the re-evaluation of evidence to reach a different conclusion is not permissible. |
| Summary |
This case revolves around a criminal petition filed by Mst. Zahoor Fatima against the acquittal of several accused in a murder case involving her son, Sibtain Shah. The Supreme Court of Pakistan deliberated on the reliability of witness testimonies amidst claims of enmity between the parties. The court found that the evidence presented was insufficient to overturn the High Court's decision. The ruling underlined the complexities of criminal law, particularly the challenges of corroborating testimony in the context of personal vendettas, and the legal standards required for convicting individuals in criminal cases. Given the intricate nature of the case, the court's decision serves as a significant reference for similar legal proceedings, emphasizing the need for substantial evidence and the dangers of presuming guilt based on circumstantial factors. This case is relevant for those studying criminal law, legal standards for evidence, and the rights of defendants in the context of appeals. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN, JUSTICE,
ZAFFAR HUSSAIN MIRZA, JUSTICE
|
| Lawyers |
Raja Muhammad Muzaffar, Advocate Supreme Court,
Sadiq Hayat Lodhi, Advocate Supreme Court,
Ejaz A. Khan, Advocate-on-Record
|
| Petitioners |
MST. ZAHOOR FATIMA
|
| Respondents |
MUHAMMAD NAEEM AND OTHERS
|
| Citations |
1988 SLD 3062,
1988 SCMR 343
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
302/34,
185(3)
|