GHULAM RASOOL vs MUHAMMAD SALIM AND ANOTHER
This petition is directed against the acquittal of the respondent by the Lahore High Court. The core legal question concerns the justification of the acquittal based on doubts regarding the genuineness of the prosecution case, specifically the presence and reliability of eye-witnesses and the surrounding circumstances of the incident. The Supreme Court of Pakistan dismissed the petition after the learned counsel for the petitioner conceded that the acquittal was justified due to serious doubts surrounding the eye-witnesses' presence. The key principle laid down is that where serious doubts exist regarding the presence of eye-witnesses and the prosecution's narrative, an acquittal by the High Court will not be interfered with.
- Whether an acquittal by the High Court can be maintained when there are serious doubts regarding the presence of eye-witnesses?
- Will the Supreme Court interfere with an acquittal order when the petitioner's counsel concedes that the acquittal was justified?
ORDER
1. ' MUHAMMAD HALEEM, ACTG. C. J.-This petition is directed against the acquittal of Muhammad Saleem by the Lahore High Court by its judgment, dated the 25th of October, 1980. The High Court felt doubtful about the genuineness of the prosecution case and amongst other circumstances whichl4 it held to be doubtful, emphasis was also laid on the fact that the eye-witnesses failed to establish as to how they came to the spot when there] was sufficient opportunity for Saleem to kill Faiz Rasool and to escape from there unnoticed. Another feature of the case about which the High Court felt doubtful was that in the context of the enmity the deceased would not have accompanied the appellant in the dark hours of the night.
2. ' The learned counsel for the petitioner fairly conceded that the acquittal was justified as there was serious doubt about the presence of the eye-witnesses. Accordingly, he did not press the petition, which is hereby dismissed.