| Case ID |
f9b928ff-85c2-4013-bc6c-4e1f1bab3ded |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeals Nos. 55 of 1992 and 303 of 1993 |
| Decision Date |
Jan 23, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan deliberated on two criminal appeals stemming from the acquittal of several accused in a murder case. The court emphasized the high threshold for overturning acquittals, stating that it would only interfere with findings from lower courts in cases of gross misreading of evidence leading to a miscarriage of justice. The court ultimately upheld the acquittals of four accused while addressing the conviction of another, Muhammad Yasin, which had been overturned by the High Court. The decision underscored the importance of corroborative evidence and the necessity for careful appraisal of witness testimonies, particularly in cases involving familial disputes and historical grievances. The court's ruling emphasized the presumption of innocence and the weight of prior acquittals in the justice system. |
| Summary |
In the matter of Criminal Appeals Nos. 55 of 1992 and 303 of 1993, the Supreme Court of Pakistan examined the intricacies of a murder case involving multiple accused. The case originated from the brutal killing of Mst. Sakina Bibi, who was attacked by several individuals related to her due to longstanding familial enmity stemming from her marriage against the family's wishes. The trial court acquitted four of the accused, citing insufficient evidence, while convicting two others. The appeals brought forth by the State challenged these acquittals. The Supreme Court reiterated the legal principle that it must exercise caution when reviewing findings of acquittal, emphasizing the importance of concrete evidence and the credibility of witness statements. The court found that the prosecution failed to meet the burden of proof needed to overturn the acquittals, thus upholding the lower court's decisions. This case highlights the complexities of legal standards in criminal appeals, particularly regarding the weight of eyewitness testimony and the role of motive in establishing guilt. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD ALI SHAH, C.J.,
MUHAMMAD MUNIR KHAN,
IRSHAD HASAN KHAN, JJ
|
| Lawyers |
Ijaz Ahmed Chaudhry,
Rao Muhammad Yousuf Khan,
Kh. Sultan Ahmed,
Ch. Mehdi Khan Mehtab,
Ch. M. Aslam,
S. Abul Aasim Jaffri
|
| Petitioners |
THE STATE
|
| Respondents |
MUHAMMAD SHARIF,
Bashir Ahmad,
Muhammad Ishaq,
MUHAMMAD YASIN,
Falak Sher,
Fazal Elahi
|
| Citations |
1995 SLD 644 = 1995 SCMR 635
|
| Other Citations |
Ghulam Sikandar and another v. Mamraz Khan and others PLD 1985 SC 11,
Feroze Khan v. Fateh Khan and 2 others 1991 SCMR 2220,
Mirza Noor Hussain v. Farooq Zaman and 2 others 1993 SCMR 305,
Yar Muhammad and 3 others v. The State 1992 SCMR 96
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
302,
148,
149,
109,
120 B,
154,
417,
185
|