| Case ID |
e2d92a7f-1c0c-4992-8bc1-e1243513109a |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
May 25, 1977 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal, ruling that the reasons provided by the Additional Sessions Judge for acquitting the respondent were neither perverse nor whimsical. The court found that the evidence presented, particularly the resiled statements of the eyewitnesses, lacked the substantive basis required for a conviction under the amended provisions of the Criminal Procedure Code. The court emphasized the importance of corroborative evidence and noted that ordering a retrial would be futile given the absence of substantive evidence to support a conviction. Thus, the decision of the trial court was upheld, confirming the acquittal of Muhammad Nazir alias Billa. |
| Summary |
The case revolves around the acquittal of Muhammad Nazir alias Billa for the murder of Muhammad Fazil. The prosecution's case relied heavily on eyewitness testimony, which later became unreliable as the witnesses resiled from their prior statements. The Supreme Court examined the implications of the Criminal Procedure Code, particularly Section 288, and highlighted the challenges of convicting based solely on transferred statements. The ruling underscores the complexities of evidentiary standards in criminal law, particularly in murder cases where witness credibility is paramount. This case serves as a critical reference for legal practitioners dealing with similar issues of witness reliability and evidentiary sufficiency in criminal proceedings. Keywords: criminal law, murder case, witness credibility, evidentiary standards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Yaqub Ali, C.J.,
Waheeduddin Ahmad,
Nasim Hasan Shah, J.
|
| Lawyers |
Muhammad Arif, Advocate instructed by Hameed Aslam Qureshi, Advocate on-Record for Petitioner.,
Aftab Farrukh, Advocate instructed by Ghulam Mujtaba, Advocate-on-Record for Respondent No. 1.,
Major Waheedud Din Virk, Advocate instructed by Ijaz Ali, Advocate on-Record for Respondent No. 2.
|
| Petitioners |
Muhammad Ashiq
|
| Respondents |
Muhammad Nazir alias Billa,
Ahother
|
| Citations |
1978 SLD 96,
1978 SCMR 40
|
| Other Citations |
Khurshid Ahmad v. Kabool Ahmad and others P L D 1954 Kar. 356,
Falak Sher's case P L D 1975 S C 179
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
288
|