Pakistan Case Law
2008 SCMR 120

MUHAMMAD ANWAR Versus State M. Zaman Bhatti , Nemo

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Citation2008 SCMR 120
CourtSupreme Court of Pakistan
Case No.Jail Petitions Nos.81 and 86 of 2006
Date2006-08-23
Judge(s)Abdul Hameed Dogar and Muhammad Nawaz Abbasi
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan challenging a criminal conviction and sentence. The core legal question concerns the legality of the conviction and sentence awarded to the petitioner in light of evidentiary discrepancies. The Supreme Court heard the petitioner's counsel and noted a conflict between the medical evidence and the ocular evidence, specifically observing that the fatal injury was not attributed to the petitioner. Consequently, the court held that leave to appeal ought to be granted to thoroughly examine the legality of the petitioner's conviction and sentence. The key principle laid down is that where material conflicts exist between ocular and medical evidence and the fatal blow is not directly attributed to the accused, a fit case is made out for granting leave to appeal to examine the soundness of the conviction.

Questions settled in this judgment
  • Does a conflict between medical and ocular evidence where the fatal injury is not attributed to the petitioner warrant the grant of leave to appeal against a conviction?
  • Is leave to appeal properly granted to consider the legality of a conviction and sentence when evidentiary inconsistencies exist?
leave to appealcriminal convictionmedical evidenceocular evidencefatal injurySupreme Court of Pakistan

ORDER

1. After hearing learned counsel for the petitioners and taking into consideration the conflict of medical evidence and ocular evidence according to which fatal injury was not attributed to the petitioner, we deem it proper to grant leave to appeal, inter alia, to consider question regarding the legality of conviction and sentence awarded to the petitioner. Leave is accordingly granted in these petitions.

2. H. B.T./M-183/SC Leave granted.

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