| Case ID |
ebf061c8-9823-46a0-a94d-3d7146fe8c10 |
| Body |
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| Case Number |
Criminal Appeal No. 9 of 1969 |
| Decision Date |
Jan 20, 1970 |
| Hearing Date |
Nov 19, 1969 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal of Abdul Khaliq, affirming the conviction under Section 302 of the Penal Code for the murder of Abdul Mannan. The court held that the evidence presented, particularly the testimony of the approver Muhammad Sharif, was sufficiently corroborated by the recovery of incriminating articles and the injuries found on both the approver and the appellant. The court emphasized that while the approver's testimony is crucial, it must be supported by independent evidence that links the accused to the crime. The court found no merit in the appeal and confirmed the death sentence imposed by the lower courts. |
| Summary |
This case revolves around the conviction of Abdul Khaliq for the murder of Abdul Mannan. The Supreme Court of Pakistan, in its decision on January 20, 1970, upheld the lower court's ruling, citing sufficient corroborative evidence from the approver's testimony. The case highlights the importance of corroboration in criminal proceedings, particularly regarding the testimony of accomplices. Key legal principles discussed include the requirements for corroboration under the Evidence Act and the implications of motive in establishing guilt. The court's ruling reinforces the standards of proof necessary for upholding convictions in serious criminal cases, specifically under the Penal Code for murder. The case references notable precedents and emphasizes the court's reluctance to interfere with the factual findings of lower courts when the evidence supports the conviction. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI,
M. R. KHAN,
WAHIDUDDIN AHMAD
|
| Lawyers |
R. A. Jeremy,
Said Akbar Khan,
Rustam S. Sidhwa,
Ijaz Ali
|
| Petitioners |
ABDUL KHALIQ
|
| Respondents |
THE STATE
|
| Citations |
2005 SLD 1288,
2005 SCMR 307
|
| Other Citations |
Ghulam Qadir v. State P L D 1959 S C 377,
Ghulam Rasul v. Ali Akbar P L D 1965 S C 363
|
| Laws Involved |
Evidence Act,
Penal Code,
Constitution of Pakistan,
West Pakistan Arms Ordinance, 1965
|
| Sections |
133,
302,
XLV of 1860,
58(3),
13
|