Law:

Section:

Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art.185(3)---Contentions were whether Trial Court while deciding criminal case was bound by the principles laid down in Qanun-e-Shahadat, 1984 or might adopt its own procedure on the ground of deciding the matter in accordance with "Sharia"; whether or not on disbelieving the prosecution evidence, Court would be competent to decide the matter on oath instead of proceedings under Tazir whether or not "Qisamat", when incident was reportedly unseen or evidence was insufficient, would constitute a valid mode of proof against accused persons; whether, even on the failure to establish accusation against the accused, administration of repeated oath in specified manner could be deemed sufficient to hold the accused party liable for payment of "Diyat money" on the discretion of Trial Court; whether High Court while deciding various matters had seriously erred in ignoring to consider prosecution evidence which in some of the cases constituted sound basis for holding the accused responsible for commission of offence and if so, what would be its effect; whether impugned of High Court had enunciated correct principles of law with regard to application of Qanun-e-Shahadat, 1984 and Shariat Laws in the Tribal Areas and whether High Court while deciding legal questions could direct acquittal of accused persons without resorting to material on record and what would be its effect---Leave to appeal was granted by Supreme Court as the said legal points which were of first impression and were likely to affect a large number of cases, required detailed examination. Fateh Muhammad, Advocate Supreme Court with Haji M.A. Qayyum Mazhar, Advocate-on-Record for Petitioners (in Cr.Ps. Nos.58-P and 59-P of 1997, 10-P and 11-P of 1998). M. Zahoor Qureshi Azad, Advocate Supreme Court for Petitioner (in Cr. P. No.69-P of 1997). M. Aman Khan, Advocate Supreme Court for Petitioner (in Cr.P. No. 71-P of 1997). Jan Muhammad Khan, Advocate-on-Record for Petitioners (in Cr.P. Nos. l-P and 2-P of 1998). Nemo for Respondents (in Cr.P. Nos.69-P and 71-P of 1997, 1-P, 2-P, 10-P and 11-P of 1998). M. Waris Khan, Advocate Supreme Court…

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