Mst. HAMEEDA BIBI vs THE STATE and others
This petition for leave to appeal arises out of a criminal matter where the petitioner challenged the acquittal of the respondents. The core legal question concerns the sufficiency and credibility of identification evidence in moon light and whether the acquittal warrants interference through the reappraisal of evidence. The Supreme Court held that given the occurrence took place during the night with sufficient moon light visibility, and the injured witness's statement regarding identification was corroborated by other prosecution witnesses who saw the accused fleeing the spot, the case requires a thorough examination of the guilt of the acquitted respondents. Consequently, leave to appeal was granted to reappraise the evidence, and bailable warrants were issued against the respondents.
- Does identification of an accused in moonlight by an injured witness and corroborating witnesses provide sufficient grounds to grant leave to appeal against an acquittal?
- Whether the Supreme Court will reappraise evidence in a petition against acquittal where identification is supported by eyewitness testimony?
ORDER
1. MUHAMMAD NAWAZ ABBASI, J.--- We having heard the learned counsel for the petitioner and perused the record with his assistance have found that the occurrence took place during the night of 12/13th April, 2005 and it being 17th of moon there would be sufficient visibility to identify the culprit in the moon light at a distance from which Mst. Nasreen, injured witness, Was fired at and her statement regarding the identification of the accused, was also corroborated by Mst. Hamida Bibi, (P.W.3) and Muhammad Ramzan (P. W . 4) who had A claimed to have seen the accused running from the spot at short distance after the occurrence. In view of the above evidence of identification, the question relating to the guilt of the acquitted accused would require examination and leave is accordingly, granted in this petition to reappraise the evidence and consider the above question. Bailable warrant against the respondents be issued in the sum of rupees one lac each with one surety each in the like amount to the satisfaction of A Sessions Judge West, Karachi.