| Case ID |
f8dc6b88-ffd5-4801-85c1-5854b8fc79ed |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Jun 01, 1977 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan adjudicated the case concerning the conviction of Abdur Rashid alias Sheeda for the murder of Noor Hasan. The court found several aspects of the prosecution story improbable and highlighted the unreliability of prosecution witnesses. The High Court's conclusion that the offense committed by Abdur Rashid did not qualify under section 302 of the Penal Code but rather under section 304, Part I was upheld. Consequently, the Supreme Court determined that there was no case made out for interference, thus disallowing the petition for leave to appeal and affirming the sentence of seven years' rigorous imprisonment. |
| Summary |
In the case of Abdul Shakoor vs. Abdur Rashid alias Sheeda, the Supreme Court of Pakistan reviewed the conviction of Abdur Rashid for murder under section 302 of the Penal Code. The court considered the inconsistencies in the prosecution's narrative and the lack of reliability of key witnesses. The background involved a financial dispute that escalated into violence, leading to the death of Noor Hasan. The court noted that the evidence suggested a different interpretation of events, where the actions of Abdur Rashid were found to be in defense of his associate. Ultimately, the court reduced the conviction to section 304, Part I, resulting in a seven-year sentence. This case underscores critical aspects of criminal law, including the standards of evidence, the credibility of witnesses, and the interpretation of self-defense. The decision reflects the court's commitment to ensuring justice based on factual accuracy and legal standards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI, C.J.,
WAHEEDUDDIN AHMAD,
NASIM HASAN SHAH
|
| Lawyers |
Khawaja Mukhtar Ahmad,
Naimat Khan,
Sh. Ijaz Ali
|
| Petitioners |
ABDUL SHAKOOR
|
| Respondents |
,
ABDUR RASHID alias SHEEDA,
RASHID alias BHOLA
|
| Citations |
1978 SLD 108,
1978 SCMR 73
|
| Other Citations |
P L D 1953 F C 93
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
304 (I),
185(3)
|