Case Details

Citation(s)
2008 SLG 1707 2008 SLD 1707 2008 SCMR 841
Supreme Court of Pakistan
Criminal Petition No. 928-L of 2002, decision dated: 21st July, 2004.(On appeal against the judgment, dated 22-10-2002 passed by the Lahore High Court, Lahore in Criminal Appeal No.401-J of 2001)
IFTIKHAR MUHAMMAD CHAUDHRY, JAVED IQBAL AND FALAK SHER, JJ
Ch. Muhammad Nasrullah Warraich, Advocate Supreme Court and C.M. Lateef, Advocate-on-Record for Petitioner. Nemo for
Respondents

Mst. IRSHAD BIBI

VS

IFTIKHAR and others

Law:

Section:

Penal Code (XLV of 1860)---Ss. 302/364/34---Constitution of Pakistan (1973), Art.185(3)---Reappraisal of evidence---Extra-judicial confession---Trial Court convicted -and sentenced the accused for life imprisonment on the charges of abduction and murder but High Court acquitted them from the charge of murder---Plea raised by the complainant was that the prosecution had produced inculpatory extra-judicial confession and other evidence, therefore, acquittal of the accused from the charge of murder was not justified---Validity---Conviction order based on extra-judicial confession is well if prosecution succeeded in establishing that such statement had been made truly and voluntarily and same was corroborated by circumstantial evidence---Accused had categorically denied the allegation and extra-judicial confession before the prosecution witnesses, in absence of corroboration, was not acceptable---High Court after having taken into consideration material available on record in accordance with law had rightly concluded that the prosecution case was full of doubt and accused were rightly acquitted from the charge of murder---Leave to appeal was refused. Bahadur Khan v. The State PLD 1995 SC 336 and Muhammad Akram and others v. The State 1995 SCMR 1359 rel. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---Petitioner seeks leave to appeal against the judgment, dated 22nd October, 2002 whereby Lahore High Court, Lahore, on accepting the appeal of the respondents against the judgment passed by the Additional Sessions Judge, Faisalabad, dated 25th October, 2001 has acquitted them from the charge of murder of Muhammad Boota son of Khan Muhammad. 2. Precisely stating facts giving rise t0 instant proceedings are that initially petitioner Mst. Irshad Bibi being real sister of the deceased Muhammad Boota lodged complaint under sections 302/364/34, P.P.C. against the respondents on the allegation that latters had proceeded accompanying the deceased on the night falling between 11/12 of August, 1995 to purchase a Truck from Faisalabad. It may be noted that the deceased was Truck driver by profession and often used Truck bearing Registration No.RIE-1661 on different route. It was further…
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