| Case ID |
d8397f34-bf16-4029-9b88-3c1c00b01aea |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No.892-L of |
| Decision Date |
Jan 08, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to the accused, allowing for a comprehensive review of the evidence presented in the case. The court found that the High Court had set aside the trial court's acquittal without adequately considering the evidence. The petitioners, previously acquitted by the trial court, were convicted and sentenced under various sections of the Penal Code. The decision emphasized the necessity of thoroughly evaluating all evidence to ensure the fair administration of justice. The court's ruling addressed the importance of due process and the role of higher courts in safeguarding the rights of the accused against potentially erroneous lower court judgments. |
| Summary |
In this pivotal case, the Supreme Court of Pakistan addressed significant issues related to criminal justice and due process. The petitioners, GULFAM and others, were initially acquitted by the Additional Sessions Judge in Faisalabad for a 1993 case involving serious charges under the Penal Code. However, the Lahore High Court overturned this acquittal, prompting the petitioners to seek leave to appeal. The Supreme Court, recognizing the potential miscarriage of justice, granted leave to ensure a thorough examination of the evidence. The ruling underscores the critical role of appellate courts in maintaining justice and the necessity of careful evidence appraisal in criminal proceedings. This case highlights the delicate balance between the rights of the accused and the state's obligation to uphold the law, making it a landmark decision in the realm of criminal law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
TANVIR AHMAD KHAN,
KHALIL-UR-REHMAN RAMDAY
|
| Lawyers |
Syed Zahid Hussain Bokhari,
Muhammad Ozair Chughtai
|
| Petitioners |
3 others,
GULFAM
|
| Respondents |
THE STATE
|
| Citations |
2003 SLD 704,
2003 SCMR 1708
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302(c),
34,
324,
337-F(ii),
185(3)
|