ATTAULLAH KHAN vs SHAFAULLAH and others
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal filed by the petitioner against the acquittal of the respondents by the High Court. The core legal questions involve whether the evidence on record was appreciated in its true perspective according to settled norms of criminal justice, whether the High Court recorded the acquittal on extraneous considerations, and whether it is obligatory to incorporate all minor details in a First Information Report. Granting leave to appeal, the Supreme Court held that the petition should be converted into an appeal for early hearing and directed the issuance of bailable warrants to secure the attendance of the respondents. The key principle laid down concerns the proper judicial appreciation of evidence in criminal trials and the true legal function of a First Information Report as a device to set the law in motion rather than an exhaustive repository of minute details.
- Whether the evidence which has come on record has been appreciated in its true perspective, according to the settled norms of justice and well-entrenched legal principles enunciated by this Court qua the safe administration of criminal justice?
- Whether the learned High Court has recorded the acquittal on extraneous consideration having no nexus whatsoever with the evidence which has come on record?
- Whether it is obligatory to have incorporated all the minor details in the F.I.R. which altogether is a simple device to set the law in motion?
ORDER
After having heard learned Advocate Supreme Court on behalf of petitioner/complainant, scanning the entire record and perusing the judgment of the trial Court as well as judgment impugned, we are inclined to grant leave to appeal inter alia on the following points:--
(1) Whether the evidence which has come on record has been appreciated in its true perspective, according to the settled norms of justice and well-entrenched legal principles enunciated by this Court qua the safe administration of criminal justice?
(2) Whether the learned High Court has recorded the acquittal on extraneous consideration having no nexus whatsoever with the evidence which has come on record?
(3) Whether it is obligatory to have incorporated all the minor details in the F.I.R. Which altogether is a simple device to set the law in motion?
2. The petition is converted into appeal which may be fixed at an early date.
3. To procure the attendance of the respondents, bailable warrants in the sum of Rs,50,000 each be issued against them to the satisfaction of the trial Court.