Case Details

Citation(s)
2008 SLG 1668 2008 SLD 1668 2008 SCMR 715
Supreme Court of Pakistan
Criminal Petition No.83 of 2007, decision dated: 16-01-2008. (Against the judgment, dated 25-1-2007, passed by Lahore High Court, Rawalpindi Bench, in Criminal Appeal No.191 of 1995)
MUHAMMAD NAWAZ ABBASI, MUHAMMAD QAIM, JAN KHAN AND SYED ZAWWAR HUSSAIN, JAFFERY, JJ
Khawaja Sultan Ahmad, Senior Advocate Supreme Court and Haji Muhammad Rafi Siddiqui, Advocate-on-Record for Petitioner. Sardar Muhammad Ishaq Khan, Senior Advocate Supreme Court for
Respondents

MUHAMMAD RAFIQUE

VS

MOHABBAT KHAN and others

Law:

Section:

Penal Code (XLV of 1860)---Ss. 302/148/149---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---Principles---Accused were concurrently acquitted by Trial Court and High Court---Effect---Concurrent findings of two courts regarding acquittal of accused from charge neither suffered from serious factual or legal infirmity nor were perverse, calling for interference of Supreme Court---Complainant failed to satisfy the Supreme Court that acquittal of accused offended principle of safe administration of criminal justice and would not create double presumption of innocence in favour of accused---Supreme Court would decline to interfere in of acquittal unless very strong reasons appeared on record regarding perversity of ---Mere fact that witnesses were natural and occurrence took place in daylight was not sufficient to believe or disbelieve evidence rather real test was whether witnesses were truthful and confidence inspiring in peculiar facts of the case to be relied upon for conviction---Prosecution evidence did not fulfil such test to the satisfaction of two courts and Supreme Court also did not find any good reason to differ with High Court---Leave to appeal was refused. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.--- This petition has been directed against the judgment, dated 10-1-2007, passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi, whereby a criminal appeal filed by the petitioner against the acquittal of respondents Nos.1 to 5, by the learned Sessions Judge, Jhelum, in a case under sections 302/148/149, P.P.C. was dismissed. 2. The facts in small compass leading to the filing of this petition are that on the report lodged by the complainant Muhammad Hanif (P.W.7) on 18-8-1992 at 11-35 a.m. at Police Station Chotala a case under sections 302/148/149, P.P.C. was registered against the respondents for committing murder of Muhammad Sharif, real brother of complainant. It was stated in the F.I.R. that complainant while serving in Pak Army was at home on leave and his elder brother Muhammad Sharif, a School teacher, was also present in the village due to summer vacation in the school. On 18-8-1992, at about 6-00 a.m. deceased went to the…
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