THE STATE through Advocate-General, N. -W . F. P . , Pe shaw ar vs SAHIBZADA HAYATULLAH
This matter involves a petition for leave to appeal filed by the State against a judgment of the High Court which acquitted the respondent, Sahibzada Hayatullah. The core legal question before the Supreme Court is whether the High Court erred in its appreciation of the prosecution evidence, specifically the testimony of eye-witnesses Aurangzeb Khan and Gul Rehman, and whether the acquittal was based on conjectures and surmises rather than a proper evaluation of the record. The Supreme Court, upon considering the contentions raised by the petitioner regarding the alleged misappreciation of evidence, held that the matter requires a detailed examination. Consequently, the Court granted leave to appeal to conduct a comprehensive reappraisal of the entire prosecution evidence to ensure the safe administration of justice. The Court also ordered the issuance of bailable warrants against the respondent to secure his presence during the appellate proceedings. The decision underscores the principle that the Supreme Court will intervene to re-examine evidence when a High Court's acquittal judgment is challenged on grounds of misappreciation or reliance on conjecture.
- Does an acquittal based on conjectures and surmises warrant the grant of leave to appeal by the Supreme Court?
- Can the Supreme Court reappraise prosecution evidence in its entirety upon granting leave to appeal against an acquittal?
ORDER
' ABDUL HAMEED DOGAR, J.--- It is contended by Mr. M. Zaman Bhatti, learned Advocate Supreme Court for the petitioner that the learned High Court while acquitting the respondent has, not appreciated the evidence adduced by the prosecution in its true(?) perspective and the judgment is based on conjectures and surmises. It is further contended that the complainant Aurangzeb Khan P.W.7 as well as Gul Rehman P.W.8, the eye-witnesses have fully supported the case of the prosecution and there was no reason to discard their testimony.
2. The contentions require consideration. Accordingly, leave to appeal is granted to reappraise the prosecution evidence in its entirety for safe administration of justice. Bailable warrants in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of trial Court be issued against the respondent.