| Case ID |
ebe50144-5001-49ed-9580-96c2dac49340 |
| Body |
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| Case Number |
Criminal Appeals Nos. 10, 124 and 123 of 1982 |
| Decision Date |
Apr 01, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan accepted the appeals of Kamal Din and Muhammad Siddique, thereby overturning their convictions and sentences. The court found that the prosecution had failed to establish its case beyond reasonable doubt. Key evidence presented by the prosecution, including witness testimonies and forensic findings, was deemed insufficient and contradictory. The court highlighted discrepancies in the accounts of eye-witnesses and the lack of corroborating evidence from unimpeachable sources. Consequently, the convictions under sections 302 and 307 of the Penal Code were set aside, leading to the release of both appellants. |
| Summary |
This case revolves around the criminal appeals filed by Kamal Din and Muhammad Siddique against their convictions for murder and attempted murder under the Penal Code. The Supreme Court of Pakistan scrutinized the evidence presented during the trial, including witness testimonies that were found to be inconsistent and contradictory. The court emphasized that the mere relationship of witnesses with the deceased did not automatically discredit their credibility; however, the deliberate attempts to conceal facts raised doubts about their veracity. The prosecution's case was further weakened by the medical evidence, which contradicted the claims made by the witnesses regarding the nature and extent of the injuries sustained by the deceased. The court ultimately concluded that the prosecution had not met the burden of proof required for a conviction, resulting in the acceptance of the appeals and the acquittal of the appellants. This case underscores the importance of reliable evidence and the necessity for the prosecution to establish guilt beyond a reasonable doubt, a fundamental principle in criminal law. The ruling also reflects the court's commitment to ensuring justice and safeguarding the rights of the accused. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
SHAFIUR RAHMAN,
JAVID IQBAL,
ALI HUSSAIN QAZILBASH
|
| Lawyers |
Attaullah Sajjad,
Kh. Sultan Ahmad,
Rana Maqbool Ahmad Qadri,
M.B. Zaman,
Ejaz Ali Sheikh,
Ijaz Hussain Batalvi,
Muhammad Aslam Chaudhry,
M. Nawaz Abbasi,
S. Abid Nawaz
|
| Petitioners |
MUHAMMAD SIDDIQUE,
KAMAL DIN
|
| Respondents |
MUHAMMAD SHARIF
|
| Citations |
1987 SLD 460 = 1987 SCMR 1264
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
307,
149,
148,
185(3)
|