Case Details

Citation(s)
2004 SLG 2801 2004 SLD 2801 2004 PLD 32
Supreme Court of Pakistan
Criminal Review Petition No. 5 of 2003, decided on 8th September, 2003.
NAZIM HUSSAIN SIDDIQUI, MIAN MUHAMMAD AJMAL AND FALAK SHER, JJ
Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for Petitioner. Sardar Muhammad Ishaq Khan, Senior Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record (absent) for , the Complainant. Dr. Qazi

Sh. MUHAMMAD AMJAD

VS

THE STATE

Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(a) & 365-A---Anti-Terrorism Act (XXVII of 1997), S.7--­Criminal Procedure Code (V of 1898), S.540---Constitution of Pakistan (1973), Art.188---Supteme Court Rules, 1980, O. XXVI---Review by Supreme Court---Principles---Contention that the application moved by the accused before Supreme Court under S.540, Cr.P.C. for recording additional evidence of the representative of a Welfare Trust should have been allowed for doing complete justice in the matter was rejected, because this point having been raised by the accused at the time of hearing of the appeal was comprehensively dealt with in the impugned and was' repelled after considering in depth---Other contention that keeping in view the evidence brought on record, the accused at the most could be sentenced to imprisonment for life and not to death also had no force---Review in criminal proceedings could be made on the ground of an error apparent on the face of the record which manifestly would be of a nature that, if ignored, complete justice could not be done---Entire evidence in the present case was dilated upon in comprehensive manner and neither any material fact was ignored nor it was a case of misreading or non-reading of the evidence---Supreme Court normally did not interfere in review with the quantum of sentence if the same had been imposed having taken into consideration all the material available on record and keeping in view the intrinsic value of the evidence produced by the prosecution---Accused alone had committed the murder in a brutal. manner and legal sentence had been awarded to him---Review petition was dismissed accordingly. (b) Constitution of Pakistan (1973)----- ---Art. 188---Supreme Court Rules, 1980, O. XXVI---Review by Supreme Court---"Error apparent on the face of the record"--­Connotation---Review can be made in criminal proceedings on the ground of "an error' apparent on the face of the record"--- Expression "Error apparent on the face of the record" controls the exercise of such powers meaning thereby that the error shall be so apparent and glaring that no Court would permit it to remain a part of the proceedings---Such error should…
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