| Case ID |
ffcc2d99-1a69-4920-8998-723021e8a37b |
| Body |
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| Case Number |
Criminal Appeal No. 150 of 2009 |
| Decision Date |
Nov 01, 2010 |
| Hearing Date |
Nov 01, 2010 |
| Decision |
The Supreme Court of Pakistan set aside the conviction and sentence of the appellants, acquitting them of the charges and ordering their release. The Court found that the testimonies of the alleged eyewitnesses were unreliable due to their status as chance witnesses and their admitted enmity with the accused. Additionally, the Court held that the corroborative evidence, such as recovered articles, could not substantiate the charge of murder in the absence of direct evidence. The appeal was allowed, and the previous judgment of the Lahore High Court was overturned. |
| Summary |
In the landmark case of 'ABID ALI vs. THE STATE', the Supreme Court of Pakistan delivered a decisive verdict in favor of the appellants, overturning the previous judgment of the Lahore High Court. The case revolved around charges of Qatl-e-amd under Section 302(b) and theft under Section 379 of the Penal Code (XLV of 1860), alongside procedural considerations under the Criminal Procedure Code (V of 1898). The appellants were initially convicted and sentenced to death by the trial court, a decision upheld by the Lahore High Court. However, the Supreme Court's re-evaluation of the evidence brought to light critical inconsistencies, particularly in the testimonies of the alleged eyewitnesses, Liaqat Ali and Muhammad Javed. Both witnesses were identified as chance witnesses with admitted enmity towards the accused, compromising their credibility. Moreover, the Court found that the corroborative evidence, such as the recovered articles, could not independently substantiate the murder charge without direct evidence. This case highlights the importance of evaluating the intrinsic value of witness statements and the necessity of direct evidence in criminal jurisprudence. The decision underscores the principle that the quality, not quantity, of evidence is paramount in securing a conviction. The Supreme Court's ruling, therefore, represents a significant moment in the legal landscape, emphasizing the rigorous standards required in criminal proceedings to ensure justice and the protection of individual rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Abid,
Muhammad Asif,
Muhammad Munir,
Muhammad Azam,
Muhammad Javed,
Liaqat Ali,
Muhammad Shabbir,
Haji Faqir Muhammad,
Sajid,
Jamshed,
Khushi Muhammad Dogar
|
| Judges |
NASIR-UR-MULK,
KHILJI ARIF HUSSAIN,
TARIQ PARVEZ KHAN
|
| Lawyers |
Malik Saeed Hassan, Senior Advocate Supreme Court for Appellants,
Mian Abdul Qadoos, Advocate Supreme Court for Complainant,
Malik M. Irfan, Additional Prosecutor-General Punjab for the State
|
| Petitioners |
Muhammad Munir,
Muhammad Shabbir,
ABID ALI
|
| Respondents |
THE STATE
|
| Citations |
2011 SLD 2012,
2011 SCMR 208
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
379,
103
|