Pakistan Case Law
2007 SCMR 1899

MUHAMMAD SIDDIQUE vs THE STATE

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Citation2007 SCMR 1899
CourtSupreme Court of Pakistan
Case No.Jail Shariat Petition No,35 of 2005
Date2006-11-16
Judge(s)Justice Javed Iqbal; Chairman, Justices Sardar Muhammad Raza Khan, Ch. Ijaz Ahmed, Dr. Allama Khalid Mehmood and Allama Rashid Ahmed Jullundhari, Members
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal against a lower court decision in a criminal case. The petitioner, Muhammad Siddique, challenges the conviction, primarily contending that the courts below failed to properly appreciate the existence of deep-seated enmity between the complainant's family and the petitioner. The petitioner highlights that previous First Information Reports lodged by the victim's father against him demonstrate a history of hostility that necessitates caution in evaluating the prosecution's evidence. Furthermore, the petitioner argues that given this chequered history and the fact that the alleged occurrence took place during the night, the testimony of the primary witness, Mst. Sonia Bibi, required strong, independent corroboration which was allegedly absent. The core legal question concerns whether the courts below erred in their assessment of evidence regarding identification and corroboration in the presence of established enmity. The Supreme Court granted leave to appeal to examine these contentions, specifically focusing on the necessity of corroborative evidence in cases involving prior enmity and the reliability of night-time identification.

Questions settled in this judgment
  • Does the existence of prior enmity between the complainant and the accused necessitate strong corroboration of witness testimony?
  • Is night-time identification of an accused sufficient for conviction without independent corroboration in cases of established enmity?
leave to appealcriminal appealcorroboration of evidenceenmitynight-time identificationappreciation of evidence

ORDER

1. ' It is, inter alia, contended that the factum of enmity existing between the complainant and petitioner has not at all been appreciated in spite of the fact that sufficient material to substantiate the same has come on record. In this regard reference has been made to certain F.I.Rs, got lodged by Ghulam Rasool father of victim against Muhammad Siddique (petitioner). It is next contended that in view of the enmity and chequered history of the case. It was all the most inevitable to find out strong corroboration for the statement of Mst. Sonia Bibi. It is also pointed out that the alleged occurrence had taken place during night time and the question of identification also requires further consideration.

2. ' Leave to appeal is granted to examine the above points, which may be fixed at some early date.

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