BASHIR AHMAD Versus SABIR ALI
This matter arises from a petition for leave to appeal filed against the judgment of the Lahore High Court dated 18-3-1981, which acquitted respondents 1 to 4 in a case under Section 304 Part-II of the Pakistan Penal Code 1860. The core legal question before the Supreme Court was whether the High Court misappreciated the evidence on record, particularly regarding the plea of alibi taken by one of the respondents supported by a defense witness. The Supreme Court held that the High Court had properly appreciated the evidence and was fully justified in acquitting the respondents. Consequently, the Court laid down the principle that the Supreme Court will not interfere with an acquittal order passed by the High Court where the evidence has been properly evaluated and no misappreciation is established. Leave to appeal was accordingly refused and the petition dismissed.
- Whether the Supreme Court will interfere with the High Court's judgment of acquittal based on the appreciation of evidence?
- Can a plea of alibi supported by defense testimony be accepted if the High Court has properly evaluated the record?
- Section 304 Part-II, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, J.- -Petitioner seeks leave to appeal against the judgment of the Lahore High Court dated 18-3-1981 acquitting the respondents 1 to 4, in a case u/s 304 Part-II, P.P.C.
2. We have gone through the impugned judgment and heard the learned counsel for the petitioner at considerable length. He took us through the relevant portions of the evidence on the record with view to show that the High Court had not properly appreciated the evidence and had wrongly believed the testimony of Sq. Leader Ghulam Muhammad Chaudhry (DW.1) with respect to the plea of alibi taken by Faqir Muhammad respondent.
3. After giving our anxious consideration to the contentions raised by the petitioner's counsel in the light of the evidence referred to by him, we are not persuaded to agree with the same. We are of the view that the High Court has appreciated the evidence properly and was justified in acquitting the respondents.
Leave is, therefore, refused.
M.I. /B-27/S Petition dismissed.