State, through AG General KP, Peshawar vs Sabz Ali Khan
This matter involves a criminal petition for leave to appeal filed by the State against a judgment of the Peshawar High Court, which acquitted the respondent, Sabz Ali Khan, of charges related to the homicide of Sher Muhammad and a murderous assault on a witness. The respondent had originally been convicted under Section 302(b) of the Pakistan Penal Code, 1860, by an Additional Sessions Judge and sentenced to death. The core legal question before the Supreme Court is whether the High Court erred in its acquittal by disregarding the ocular account of witnesses, including an injured witness, and by placing undue weight on trivial investigative lapses and peripheral issues. The Supreme Court, upon reviewing the arguments regarding the strength of the prosecution's evidence and the alleged artificiality of the High Court's reasoning, determined that the contentions merited consideration. Consequently, the Court granted leave to appeal to reappraise the entire evidence to prevent a miscarriage of justice and issued bailable warrants for the respondent's appearance. The principle established is that the Supreme Court will grant leave to appeal when the High Court's acquittal appears to ignore substantial, consistent prosecution evidence in favor of inconsequential investigative defects.
- Does the Supreme Court have the authority to grant leave to appeal against a High Court acquittal when the prosecution alleges that the High Court ignored substantial ocular evidence?
- Can investigative lapses that are deemed inconsequential by the prosecution be sufficient grounds for a High Court to overturn a conviction based on direct witness testimony?
- Is the reappraisal of evidence by the Supreme Court warranted when the lower appellate court's judgment is alleged to be artificial and based on peripheral issues?
- Section 302(b), Pakistan Penal Code 1860
ORDER
1. QAZI MUHAMMAD AMIN AHMED, J.--- Indicted for homicide for committing Qatl-i-Amd of Sher Muhammad, within the precincts of Police Station Changlay, District Bonair, the respondent was convicted under clause (b) of section 302 of the Pakistan Penal Code, 1860 by a learned Additional Sessions Judge vide judgment dated 10.10.2012; he was sentenced to death with a direction to pay compensation to the legal heirs of the deceased; on the coordinate charge of murderous assault on Mushtaq PW, he was sentenced to 7-years RI with concomitant monetary compensation; the High Court acquitted him from the charges vide impugned judgment dated 06.03.2015, vires whereof, are being assailed on the grounds that there was no occasion for the High Court to take the impugned view inasmuch as the prosecution had successfully driven home charge beyond a shadow of doubt on the strength of ocular account furnished by the witnesses that included an injured with a massive injury. It is next argued that -investigative conclusions drawn up pursuant to a prompt recourse to law, inexorably pointed towards respondent's culpability, singularly arrayed in the crime report. According to the learned counsel, reference by the High Court to peripheral issues and stated durations of time are too trivial to override the preponderance of evidence that unambiguously excluded every hypothesis other than respondent's guilt; similarly, according to her, stated lapses on part of the Investigating Officer, being inconsequential, certainly does not cast away prosecution's case, otherwise firmly structured on evidence furnished by the independent witnesses and, thus, the impugned view being artificial warrants interference by the Court in order to avoid miscarriage of justice. Contentions merit consideration; leave is granted to reappraise entire evidence with a view to secure the ends of justice. Send for the respondent through bailable warrants in the sum of Rs.200,000/-, returnable to the Assistant Registrar of this Court at leave is granted to reappraise entire evidence with a view to secure the Peshawar . Station House Officer shall execute the warrants within art fortnight.