Pakistan Case Law
1983 SCMR 97

GHULAM FARID vs MANZUR AHMAD AND Another

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Citation1983 SCMR 97
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No. 228 of 1979 Criminal
Date1983-06-20
Judge(s)Muhammad Afzal Zullah, Nasim Hasan Shah and Shafi‑ur‑Rehman
Authored byNasim Hasan Shah
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for special leave to appeal directed against the judgment of the Lahore High Court whereby the respondents were acquitted of the charge of murder. The core legal question concerns whether the High Court's acquittal judgment suffered from any legal infirmity, misreading of evidence, or ignored material aspects justifying interference by the Supreme Court. The Supreme Court held that no principle of law or material aspect of the evidence or circumstance had been ignored by the High Court and no ground existed for interference. Consequently, the petition for special leave to appeal was dismissed, upholding the acquittal.

Questions settled in this judgment
  • Whether the Supreme Court will interfere with an order of acquittal passed by the High Court when no principle of law or material aspect of evidence has been ignored?
  • Does an appeal against acquittal warrant interference if the High Court has properly evaluated the evidence and circumstances of the case?
criminal appealmurderacquittalpetition for special leave to appealSupreme Court

ORDER

1. NASIM HASAN SHAH, J.-This petition is directed against the judgment dated 28-4-1979 passed by a Division Bench of the. Lahore High Court (Bahawalpur Circuit, Bahawalpur) in Criminal Appeal No. 60 of 1978/BWP and Murder Reference No. 15 of 1978/BWP.

2. By the above judgment and order the High Court was pleased to accept the appeal of Respondents Nos. 1 and 2 and acquit them of the charge of murdering Rashid Ahmad.

3. By this petition for special leave to appeal, reversal of the order of acquittal passed by the High Court is prayed for.

4. We have heard Mr. A. K. Tayyub, in support of this petition, who in half-hearted address tried to criticise the judgment of the High Court, but after hearing him we find that no principle of law or any material aspect of the evidence or circumstance has been ignored by the High Court and no ground exists for interference.

5. This petition must, therefore, fail and is, accordingly, dismissed.

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