LIAQAT vs The STATE
The petitioners filed a petition for leave to appeal against the dismissal of their criminal revision by the High Court, which had maintained their conviction and sentence under sections 366 and 323 of the Pakistan Penal Code 1860 as passed by a Magistrate Section 30, Lahore. The core legal question before the Supreme Court was whether re-appreciation of evidence is a valid ground for granting leave to appeal. The Supreme Court held that the concurrent appreciation of evidence by the lower courts cannot be re-examined merely on the ground that the courts below failed to correctly appreciate the evidence, as this does not constitute a valid ground for the grant of leave to appeal. Consequently, the petition was dismissed, laying down the principle that the Supreme Court will not grant leave to appeal solely on the contention of incorrect appreciation of evidence by the lower courts.
- Is incorrect appreciation of evidence by lower courts a valid ground for the grant of leave to appeal by the Supreme Court?
- Whether the Supreme Court will interfere with concurrent findings of fact based on appreciation of evidence?
- Section 366, Pakistan Penal Code 1860
- Section 323, Pakistan Penal Code 1860
ORDER
1. ASLAM RIAZ HUSSAIN, J:-The petitioners were convicted for offence under section 366/323, P. P. C.
2. By a Magistrate section 30, Lahore, and sentenced to 3 years R. 1 with a fine of Rs. 500 each and one month's R. I. Each under section 323, P. P. %,. On appeal their conviction was maintained, Their criminal revision was dismissed by the High Court, vide the impugned judgment.
3. Not feeling satisfied they have now filed the present petition for Leave to Appeal.
4. 2 Learned counsel for the petitioners submitted that the Courts below have not correctly appreciated the evidence. We are afraid this is not a good ground for grant of Leave to Appeal by this Court.
5. The petition is, therefore, dismissed.