Iftikhar Ali vs Gul Rehman and another
This petition for leave to appeal arose from the acquittal of the respondent, Gul Rehman, by the Peshawar High Court, which had overturned his conviction and life sentence under Section 302(b) of the Pakistan Penal Code 1860 for the murder of Fazal Ilahi. The petitioner challenged the acquittal, arguing that the High Court erred by focusing on peripheral issues despite overwhelming ocular evidence from natural witnesses. The Supreme Court of Pakistan examined the High Court's reasoning, which had relied on an unproven plea of alibi and minor discrepancies in the site plan that were not confronted to the witnesses during trial. The Supreme Court held that the High Court's general observations did not invalidate the consistent ocular account from local witnesses. Consequently, the Supreme Court granted leave to appeal to reappraise the entire evidence to secure the ends of justice, and ordered the issuance of a bailable warrant for the respondent.
- Can an appellate court rely on discrepancies in a site plan to overturn a conviction if those discrepancies were not confronted to the witnesses during the trial?
- Whether a plea of alibi can be accepted to overturn a conviction when the supporting witness and the accused both failed to testify in court?
- Is the unscathed survival of eyewitnesses in a shooting incident a sufficient ground by itself to treat their testimony with suspicion?
- Section 302(b), Pakistan Penal Code 1860
ORDER
QAZI MUHAMMAD AMIN AHMED, J.--- Fazal Ilahi, 48, in the backdrop of a dispute over immovable property was shot dead at 8:00 p.m. on 1.1.2012 within the precincts of Police Station Zaida District Swabi; the incident was reported by his brother Iftikhar who singularly blamed Gul Rehman respondent for the crime; convicted by a learned Additional Sessions Judge at Swabi under clause (b) of section 302 of the Pakistan Penal Code, 1860, he was sentenced to imprisonment for life vide judgment dated 16.7.2012, however , acquitted from the charge by a Division Bench of Peshawar High Cour t vide impugned judgment dated 18.02. 2015, vires whereof, are being assailed on the ground that in the face of overwhelming evidence primarily comprising ocular account by natural witnesses, there was no occasion for the High Court on prosecution's alleged failure on peripheral issues, an error that, according to the learned counsel for the petitioner , results into A miscarriage of justice.
2. We have gone through the impugned reasoning recorded by the High Court to overturn the conviction and found it to have been swayed primarily by a plea of alibi supported by the prayer leader of the village mosque who, however , opted to stay away from the witness-box alongside the respond ent himself. Similarly , certain discrepancies in the site plan were viewed to prosecution's detriment without having been confronted to the witnesses during the trial. Unscathed survival of the witnesses was also received with suspicion by the High Court.
Generality of the above observations, notwithstanding, nonetheless, the High Court does not appear to have taken any exception to the ocular account furnished by the witnesses of locality in a small rural neighborhood, unanimously pointing their finger upon the respondent. We consider it expedient to grant leave to reappraise entire evidence with a view to secure the ends of justice. Send for Gul Rehman respondent through bailable warrant in the sum of Rs.200,000/- with one surety in the like amount, returnable to the Assistant Registrar of this Court at Peshawar , executable through Station House Of ficer concerned within a fortnight.