Case Details

Citation(s)
2002 SLG 1209 2002 SLD 1209 2002 SCMR 620
Supreme Court of Pakistan
Criminal Petitions for Leave to Appeal Nos, 84-K and 85-K of 2001, decision dated: 15-11-2001
IRSHAD HASAN KHAN, C.J., CH. MUHAMMAD ARIF AND QAZI MUHAMMAD FAROOQ, JJ
Raja Qureshi, AdvocateGenernal, Sindh and Akhlaq Ahmed Siddiqui, Advocate-on-Record for the State. Nemo for
Respondent

STATE through Advocate General, SindH

VS

MUHAMMAD SHAFIQUE alias PAPPU and another

Law:

Section:

(a) Constitution of Pakistan (1973)---Art.185---Appeal against acquittal---Principle---Where the conclusion arrived at by the Court is such that no reasonable person would conceivably reach the same, Supreme Court would interfere in exceptional cases on overwhelming proof and that too with a view only to avoid grave miscarriage of justice and for no other purpose---Important test is that the finding sought to be interfered with, after scrutiny under the foregoing searching light, should be found wholly as artificial, shocking and ridiculous. Ghulam Sikandar v. Mamraz Khan PLD 1985 SC 11 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 39---Confession---Evidentiary value---Principle---Any delay in recording a confession may not be fatal if the Court is satisfied that the retracted confession is not tutored and was, in fact, made voluntarily. Muhammad Yaqoob v. State 1992 SCMR 1983 and Muhammad Gul v. The State 1991 SCMR 942 ref. (c) Penal Code (XLV of 1860)--- ----Ss. 121, 121-A, 122 & 123---Explosive Substances Act (XI of 1908), SsA, 5 & 6---West Pakistan Arms Ordinance (XX of 1965), S.13-D--­Constitutioit of Pakistan (1973), Art.185(3)---Appeal against acquittal--­Leave to appeal was granted by Supreme .Court to the State to consider whether the High Court had misread the prosecution evidence resulting into grave miscarriage of justice and whether High Court while acquitting the accused had kept in view the provisions of S.5 of the Explosive Substances Act, 1908. LN Ghulam Sikandar v. Mamraz Khan PLD 1985 SC 11; Muhammad Yaqoob v. State 1992 SCMR 1983 and Muhammad Gul v. The State 1991 SCMR 942 ref. (d) Penal Code (XLV of 1860)--- ----Ss. 121, 121-A, 122 & 123---Explosive Substances Act (XI of 1908), Ss.4, 5 & 6---Terrorism acts amounting to anti-national activity--­Technicalities to be avoided---In terrorism cases where any accused person is prima facie employed by, or works for, or acts on instructions received from the enemy, or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or attempts to commit any act which amounts to an anti-national activity as defined in a Federal Law,…
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