| Case ID |
e9035516-03cd-4997-a88b-5d49e4c2b147 |
| Body |
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| Case Number |
Criminal Appeal No. 255 of 2020 |
| Decision Date |
Oct 27, 2020 |
| Hearing Date |
Oct 27, 2020 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by Ghulam Murtaza against his conviction under sections 302(b) and 459 of the Pakistan Penal Code. The court upheld the findings of the lower courts, emphasizing the reliability of the eyewitness testimony and corroborating evidence that supported the prosecution's case. The court noted that the lack of motive was considered a mitigating circumstance, leading to a life sentence rather than the death penalty. The decision reinforces the principle that the credibility of witnesses, even those related to the victim, is vital in establishing guilt in criminal cases. |
| Summary |
This case revolves around the conviction of Ghulam Murtaza for the murder of Mst. Saima Bibi, under sections 302(b) and 459 of the Penal Code. The Supreme Court of Pakistan, in its ruling, underscored the importance of eyewitness accounts and the corroboration provided by the FIR and forensic evidence. The court found the testimony of Mst. Rukhsana, who witnessed the incident, to be credible despite her relationship with the victim. The court also addressed the issue of motive, noting that the absence of clear motive does not negate the evidence presented. The appeal was dismissed, affirming the lower courts' decisions and sentencing. This case highlights critical aspects of criminal law, including the assessment of witness credibility, the role of forensic evidence, and the interpretation of mitigating circumstances in sentencing. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Rashid,
Ghulam Murtaza,
Farman Ali,
Mst. Rukhsana,
Mst. Saima Bibi
|
| Judges |
MANZOOR AHMAD MALIK,
JUSTICE MAZHAR ALAM KHAN MIANKHEL,
JUSTICE QAZI MUHAMMAD AMIN AHMED,
JUSTICE GHULAM MURTAZA
|
| Lawyers |
Mrs. Kausar Iqbal Bhatti,
Arshad Hussain Yousafzai
|
| Petitioners |
Ghulam Murtaza
|
| Respondents |
The State
|
| Citations |
2021 SLD 81,
2021 SCMR 149
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
459
|