| Citation(s) |
|---|
| 2004 SLG 877 2004 SLD 877 2004 SCMR 275 |
Supreme Court of Pakistan
Criminal Petition No.206-L of 2003, decision dated: 4-06-2003.(On appeal from the judgment dated 21-2-2003 passed by Lahore High Court, Lahore, in Criminal Appeal No. 1793 of 2000)
JAVED IQBAL AND KARAMAT NAZIR BHANDARI, JJ
Muhammad Kazam Khan, Advocate Supreme Court and C.M Latif, Advocate-on-Record for Petitioner. Mian Abdul Qayyum Anjum, Advocate Supreme Court for the State
Criminal Petition No.206-L of 2003, decision dated: 4-06-2003.(On appeal from the judgment dated 21-2-2003 passed by Lahore High Court, Lahore, in Criminal Appeal No. 1793 of 2000)
JAVED IQBAL AND KARAMAT NAZIR BHANDARI, JJ
Muhammad Kazam Khan, Advocate Supreme Court and C.M Latif, Advocate-on-Record for Petitioner. Mian Abdul Qayyum Anjum, Advocate Supreme Court for the State
UMAR DRAZ-
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)---Ss.468, 471 & 419---Prevention of Corruption, Act (II of 1947), S.5(2)---Constitution of Pakistan (1973), Art. 185(3)---Reappraisal of evidence---Supreme Court, while performing as a Court of ultimate jurisdiction, has power to do complete justice and re-examine the evidence to see whether all chances of false implication of accused had been excluded and further can go into the question of sufficiency of evidence for conviction where the case rests on ocular evidence which does not appear to be convincing or worthy of credence. Riaz Haider Zaidi v. State PLD 1965 SC 179 and Rehmat v. State PLD.1959 SC (Pak.) 109 ref. (b) Penal Code (XLV of 1860)-- ---Ss.468, 471 & 419---Prevention of Corruption Act (II of 1947), S.5 (2)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal may be granted to see as to whether correct principles concerning administration of justice had been applied by the Appellate Court for the appreciation of evidence or in case of failure to examine the case from a correct angle. Muhammad Ashraf v. The State 1986 SCMR 1175; Daud v. State 1985 SCMR 1923; Nadeem-ul-Haq Khan v. State 1985 SCMR 510 and Abdus Sattar v. Muhammad Anwar PLD 1974 SC 266 ref. (c) Penal Code (XLV of 1860)--- ----Ss.468, 471 & 419---Prevention of Corruption, Act (II of 1947), S.5(2)---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to accused by Supreme Court to consider the contention that the accused could not have been convicted in absence of any incriminating material and that the provisions of Ss. 468 & 471, P.P.C. had been misconstrued and could not have been invoked in the absence of any forged documents. Riaz Haider Zaidi v. State PLD 1965 SC 179; Rehmat v. State PLD 1959 SC (Pak.) 109; Muhammad Ashraf v., The State 1986 SCMR 1175; Daud v. State 1985 SCMR 1923; Nadeem-ul-Haq Khan v. State 1985 SCMR 510 and Abdus Sattar v. Muhammad Anwar PLD' 1974 SC 266 ref. ORDER JAVED IQBAL, J.---This petition for leave to appeal is directed against the judgment dated 21-2-2003 whereby criminal appeal preferred on behalf of petitioner has been dismissed and judgment dated 8-12-2000 passed by…
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