| Case ID |
edd55d8b-9561-4e73-b0b3-c3c478fe88b6 |
| Body |
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| Case Number |
Criminal Appeal No. 81 of 1979 |
| Decision Date |
Apr 20, 1982 |
| Hearing Date |
|
| Decision |
The final decision of the case involved the appeal against the conviction of the appellants for the murder of Hayat and Rehmat. The Supreme Court evaluated the ocular evidence presented by the prosecution and the necessity for independent corroboration. It was determined that the testimony of the witnesses had inconsistencies regarding the involvement of the accused. Consequently, while maintaining the conviction of Abbas for the murder of Hayat under section 302, the death sentence was commuted to life imprisonment due to the absence of other motives besides family honor. The convictions of the other appellants, Arif, Ahmed, and Karamat, were set aside due to insufficient evidence. The appeal was partly accepted, leading to substantial adjustments in sentencing. |
| Summary |
In this pivotal case, the Supreme Court of Pakistan examined the intricacies of murder charges under the Penal Code, specifically sections 302 and 34. The case revolved around the murder of Hayat and Rehmat, with the court scrutinizing the credibility of eyewitness testimonies and the requirement for corroborative evidence. The court acknowledged the emotional context of family honor that underpinned the actions of the appellants. The decision emphasized the need for a rigorous evaluation of evidence to uphold the integrity of the judicial process. This case serves as a crucial reference point for legal professionals addressing similar matters of homicide and the standards required for conviction, particularly regarding the corroboration of witness accounts. Legal practitioners should note the nuanced considerations that come into play when dealing with sensitive issues such as honor-related crimes. This case contributes to the evolving landscape of criminal law in Pakistan, highlighting the balance between societal values and legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, ACTG. C.J.,
SHAFIUR REHMAN,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Zafar Pasha, Advocate Supreme Court,
Mahmood A. Qureshi, Advocate-on-Record for Appellants,
Gulzar A. Qureshi, Advocate Supreme Court,
Ejaz Ahmed Khan, Advocate-on-Record for the State
|
| Petitioners |
AHMAD ETC.
|
| Respondents |
The STATE
|
| Citations |
1982 SLD 596,
1982 SCMR 1049
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302,
34
|