Case Details

Citation(s)
2000 SLG 4004 2000 SLD 4004 = 2000 MLD 425
Sindh High Court
Criminal Appeals Nos. 126, 135 of 1995, Criminal Jail Appeals Nos.26 and 69 of 1995, heard on 4th March, 1999
Presented By: Abdul Hameed Dogar and Ghulam Nabi Soomro, JJ
Sardar Muhammad Ishaque and Syed Nasir Hussain Jaffri for Appellants. Habib Ahmed, Asstt. A.-G. for
Respondents.

YAQOOB and 2 others---Appellants

VERSUS

THE STATE---Respondent

Law:

Section:

(a) Islamic Jurisprudence---   ----Evidence---Test of "Tazkiya-e-Shahood"---Much stress has been laid on the quality of evidence, competency to testify veracity, integrity 'and respectability of the witnesses in Islamic system of justice---Such test of witness is termed as "Tazkiya-e-Shahood".   (b) Words and phrases--   ----"Purgation"---Meaning.   Oxford Dictionary and Black's Law Dictionary ref.   (c) Words and phrases--   ----"Tazkiya"---Arabic word, meaning. Misbah-ul-Lugh'at ref.   (d) Penal Code (XLV of 1860)---   ----S.302/149---Explosive Substances Act (VI of 1908), S.4---Non mentioning of relevant subsection of S.302, P.P.C.---Duty of Trial Court-- Conviction awarded without reference to specific subsection of 5.302, P.P.C.---Effect---Where relevant subsection of S.302, P.P.C. was not mentioned, the very purpose of law was frustrated---Trial Courts while deciding the case under S.302, P.P.C. should keep all its provisions in mind strictly---Non-mentioning of the relevant provision of S.302, P.P.C. would result in miscarriage of justice---Incumbent upon the Trial Court to specify relevant subsection of S.302, P.P.C. whereunder conviction had been awarded, with detailed reason---Such mandatory requirement of law having not been complied with by the Trial Court conviction and sentence passed by Trial Court was set aside and case was remanded for retrial.   PLD 1989 SC 633; Federation of Pakistan and another v. N.-W.F.P. Government and others PLD 1990 SC 1172; Riaz Ahmed v. The State 1998 SCMR 1729 and Muddassir alias Jimmy v. The State 1996 SCMR 3 ref.   Sardar Muhammad Ishaque and Syed Nasir Hussain Jaffri for Appellants.   Habib Ahmed, Asstt. A.-G. for Respondents.   Date of hearing: 4th March, 1999.   JUDGMENT   ABDUL HAMEED DOGAR, J.--By this judgment we propose to dispose of Criminal Appeals Nos. 126, 135 and Criminal Jail Appeals Nos.26 and 69 of 1995, as they arise from a common judgment.   2. Appellants Yaqoob, Qasim, Asghar, Muhammad Imranullah Khan Ghauri and Raees Ahmed have assailed judgment, dated 25-7-1995 of…
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