MUMTAZ MAI Versus QASIM
These petitions filed by Mst. Mumtaz Mai challenge the judgment of the Lahore High Court, Bahawalpur Bench, which acquitted the respondents Qasim, Talib Hussain, and Rashid Ahmad of charges under sections 363, 366, and 376 of the Pakistan Penal Code 1860. The core legal question before the Supreme Court was whether the High Court correctly applied the well-established principles of appraisal of evidence in criminal cases while acquitting the respondents. The Supreme Court held that the case warranted a thorough examination of the appraisal of evidence by the High Court and consequently granted leave to appeal in all three petitions, directing the issuance of non-bailable warrants against the respondents and scheduling an early hearing for the appeals. The key principle laid down is that the Supreme Court will grant leave to examine an acquittal where questions arise regarding the proper application of principles governing the appraisal of evidence by the appellate court.
- Whether the well-established principles of appraisal of evidence in criminal cases were correctly applied by the High Court in acquitting the respondents?
- Is leave to appeal properly granted against an acquittal when the appreciation of evidence by the High Court requires examination?
- Section 363, Pakistan Penal Code 1860
- Section 366, Pakistan Penal Code 1860
- Section 376, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, J. --These petitions by Mst.Mumtaz Mai are directed against the judgment of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 5-3-1983 against the acquittal of Qasim, Talib Hussain and Rashid Ahmad, respondents. As all of them have been filed by the same petitioner against the same judgment they are being dealt with together.
2. The three respondents were tried under erection 363/366/376, P.P.C., convicted and sentenced by the trial Court, but were acquitted by the High Court on appeal vide the impugned judgment.
3. After hearing the learned counsel for the petitioner we think this is a fit case to consider whether the well-established principles of appraisal of evidence in criminal cases were correctly applied by the High Court in this case leave is, therefore, granted in all the three petitions. Non-bailable warrants shall issue against the accused-respondents.
4. Since learned counsel for both the parties are present and al Bench of three Judges is available at Lahore, we think that in view of the nature of this case the appeals may be heard and decided at an early date. As such let the appeals be fixed for hearing on 24-2-1988 and notices thereof should be sent to the respondents telegraphically.
M.I./M-340/S Leave granted.