| Citation(s) |
|---|
| 2005 SLG 1321 2005 SLD 1321 2005 SCMR 1159 |
Supreme Court of Pakistan
Criminal Review Petition No.43 of 2003 in Criminal Appeal No.117 of 2002, decision dated: 2-05-2005
NAZIM HUSSAIN SIDDIQUI, C.J., JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ
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Criminal Review Petition No.43 of 2003 in Criminal Appeal No.117 of 2002, decision dated: 2-05-2005
NAZIM HUSSAIN SIDDIQUI, C.J., JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ
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Mst. HAFEEZ BIBI
VS
. THE STATE
Law:
Section:
Penal Code (XLV of 1860)-------Ss. 392, 302, 394, 397, 337-I(b); 337-F(2) & 411---Anti-Terrorism Act (XXVII of 1997), S.6-A---Constitution of Pakistan (1973), Art.188---Supreme Court Rules, 1980, O.XXVI---Review of Supreme Court ---Contention of the petitioner was that the entire evidence brought on record was not examined in its true perspective inasmuch as the discrepancies appearing in the statements of eye-witnesses were not properly appreciated; that defence version needed to be re-examined and that there was enmity between the petitioner's father and the local police which escaped the notice of the Courts below---Validity---Conviction of the accused lady was maintained, but the death sentence awarded to her was altered to life imprisonment with benefit of S.382-B, Cr.P.C.---Irrefutable evidence was available on record to show that the petitioner, as a maidservant of the complainant, played a major role in the murder of two minor children of the complainant---Petitioner wanted to re-argue the matter on merits, which was not permissible at review stage---Present case being not that of misreading, non-reading or mis-appreciation of evidence brought on record, Supreme Court declined interference in circumstances. Pirzada Noor Ali Shakoori, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 2nd May, 2005. ORDER NAZIM HUSSAIN SIDDIQUI, C.J.---Petitioner, Mst. Hafeez Bibi, seeks review of this Court's detailed judgment dated 25-9-2003, whereby in its paragraphs Nos. 18 and 19, the following was observed: (18) Learned High Court while dealing with the case of Mst. Hafeez Bibi, observed as follows: ".... In our view, it was Mst. Hafeez Bibi, who had played the major role in the instant case, as she was maidservant in the house of the complainant for the last 5/6 months. She knew the financial position of the complainant party. There was no need of identification parade of Mst. Hafeez Bibi, as she was named by the complainant in the supplementary statement and also in the statements of the eye-witnesses." (19) Learned counsel for the appellants rigorously argued that according to F.I.R., four unknown…
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