Pakistan Case Law
2008 SCMR 72

IRSHAD AHMED vs THE STATE

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Citation2008 SCMR 72
CourtSupreme Court of Pakistan
Case No.Jail Petition No,108 of 2006
Date2006-07-06
Judge(s)Mian Shakirullah Jan and M. Javed Buttar
Authored byMian Shakirullah Jan
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan, arising from a criminal conviction. The core legal question presented for the Court's consideration is whether the prosecution's version of the occurrence is credible, specifically questioning the conduct of the three eye-witnesses—the complainant (father of the deceased) and two paternal uncles—who allegedly stood by as silent spectators while the deceased was subjected to a brutal assault involving multiple weapons. The Court further seeks to determine whether the crime was committed by a single accused or multiple individuals, and consequently, whether the testimony of the eye-witnesses can be relied upon in light of these circumstances. By granting leave to appeal, the Supreme Court has determined that a reappraisal of the evidence is necessary to ensure the safe administration of criminal justice. The holding establishes that where significant doubts exist regarding the consistency and natural conduct of eye-witnesses in a murder case, the evidence requires a thorough judicial review to prevent a miscarriage of justice.

Questions settled in this judgment
  • Does the failure of eye-witnesses to intervene during a violent assault cast doubt on the prosecution's version of events?
  • Is a reappraisal of evidence required when the conduct of eye-witnesses appears inconsistent with natural human behavior?
  • Can the testimony of eye-witnesses be relied upon when there is ambiguity regarding the number of perpetrators involved in a crime?
leave to appealreappraisal of evidencecriminal justiceeye-witness credibilitymurder trialsafe administration of justice

ORDER

1. MIAN SHAKIRULLAH JAN, J.--- Leave to appeal is granted to reappraise the evidence for safe administration of criminal justice, inter alia, to consider the following:--

(i) whether the occurrence has taken place, in the manner in which has been described by the prosecution and particularly when the three persons i.e, the complainant (father of the deceased) and the two other witnesses (paternal-uncles of the deceased) were standing at a distance of some Karams from the deceased and they remained as silent spectators, while the deceased was being caused several injuries by the accused, first by using the axe and after it being struck up in the head of the deceased then taking out the Chhuri.

(ii) whether it was the job of one accused or more than one and in the latter case, the version of eye-witnesses can be believed.

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