Case Details

Citation(s)
2002 SLG 1204 2002 SLD 1204 2002 SCMR 601
Supreme Court of Pakistan
Criminal Appeal No.52 of 2000, decision dated: 28th September 2001.(On appeal from the judgment and order of the High Court of Sindh at Karachi, dated 8-9-1999 passed in Special Anti-Terrorism Appeal No.21 of 1999)
MUHAMMAD BASHIR, JEHANGIRI, MUNIR A. SHEIKH AND RANA BHAGWANDAS, JJ
Azizullah K. Sheikh, Senior Advocate Supreme Court and Akhlaq Ahmed Siddiqui, Advocate-on-Record for Appellant. Raja Abdul Ghafoor, Advocate Supreme Court for Advocate-General, Sindh for the State.

SYED JUNAID alias K2

VS

THE STATE

Law:

Section:

(a) Penal Code (XLV of 1860)---S. 302---Anti-Terrorism Act- (XXVII of 1997), S.7---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to the accused to consider whether in the circumstances of the case the accused could have been identified and what was the worth of the identification parade held in the case where only one person was identified, and whether the mode and manner of attack and the participation of the accused therein stood proved according to the principles laid down to govern the appreciation of evidence in criminal cases. (b) Penal Code (XLV of 1860)--- ----S.302---Anti-Terrorism Act (XXVII of 1997), S.7---Appraisal of evidence---Complainant from the very start had named the accused in the F.I.R., who was already known to him---Delay in lodging the F.I.R., if any, did not in any manner adversely affect the credibility of the prosecution case as other evidence was sufficient to convict the accused---Prosecution evidence did not suffer from any material contradiction---Since the complainant already knew the accused and had nominated him in the F.I.R., there was no question of putting him to identification test---Evidence of the complainant and the version given by him in the F.I.R. inspired confidence---Mode and manner of attack as mentioned in the F.I.R. had been fully proved alongwith the participation of accused therein without any doubt---Accused had already been given lesser sentence of imprisonment for life on cogent reasons according to the principles laid down for safe administration of criminal justice---Appeal of accused was dismissed in circumstances. Mehram Ali and others v. Federation of Pakistan and others PLD 1998 SC 1445 ref. JUDGMENT MUNIR A. SHEIKH, J.---This appeal by leave of the Court is directed against the judgment dated 8-9-1999 of the High Court of Sindh, Karachi by which while maintaining the conviction of the appellant recorded by the trial Court under section 302, P.P.C. read with section 7 of Anti-­Terrorism Ordinance, 1998, his death sentence was converted into life imprisonment with a direction to pay Rs.50,000 as compensation to the legal heirs of the deceased and Rs.10,000 to…
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