Pakistan Case Law
2011 SCMR 176

MUHAMMAD MANSHA vs THE STATE

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Citation2011 SCMR 176
CourtSupreme Court of Pakistan
Case No.Jail Petition No, 158 of 2009
Date2009-11-10
Judge(s)Mian Shakirullah Jan and Raja Fayyaz Ahmed
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 against a criminal conviction. The core legal question addressed by the Court is whether the testimony of prosecution witnesses is credible, specifically regarding the identification of the accused who were allegedly firing from the rooftops of various houses. The petitioner contended that such identification was impossible under the circumstances and that the witnesses were motivated by previous enmity. Upon consideration, the Supreme Court held that these contentions warranted a detailed examination of the trial record. Consequently, the Court granted leave to appeal to conduct a thorough reappraisal of the evidence. The key principle laid down is that where the identification of an accused is challenged based on physical impossibility—such as firing from rooftops—and the presence of previous enmity, the appellate court must carefully scrutinize the credibility of the witnesses and the overall circumstances of the case to ensure a safe administration of criminal justice.

Questions settled in this judgment
  • Does the presence of previous enmity between parties necessitate a stricter scrutiny of witness testimony?
  • Can an appellate court grant leave to appeal for the purpose of reappraising evidence?
  • Is the identification of an accused firing from a rooftop considered reliable in the absence of corroborative circumstances?
leave to appealreappraisal of evidencewitness credibilityidentification of accusedcriminal appeal

ORDER

1. MIAN SHAKIRULLAH JAN, J.--- In view of previous enmity the credibility of the witnesses will be adjudged in the circumstances of the case as when the accused were allegedly firing from the roof of the houses of different persons and their identification from such places was impossible . In order to consider the aforesaid points, leave to appeal is granted for reappraisal of the evidence.

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