Pakistan Case Law
1989 SCMR 1706

Mst. MUNAWARA BEGUM vs MUHAMMAD ASLAM and another

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Citation1989 SCMR 1706
CourtSupreme Court of Pakistan
Case No.Criminal Petition No, 397 of 1987
Date1989-04-16
Judge(s)Javid lqbal, Glulam Mujaddid and Saad Snood Jan
Authored byGhulam Mujaddid
ResultPetition dismissed
Summary

The petitioner, Mst. Munawara Begum, sought leave to appeal against an order of the Lahore High Court, which had dismissed in limine her revision petition challenging the acquittal of the respondent, Muhammad Aslam, in a murder case involving her son, Tufail Khalid. The core legal question concerned whether there were sufficient grounds to challenge the acquittal. The Supreme Court observed that the initial report was lodged by the father of the deceased, and during the trial, both the father and other witnesses testified that the deceased had been murdered by an unknown person, thereby failing to implicate the respondent. Consequently, the Supreme Court held that there was no basis to interfere with the High Court's order of dismissal. The petition was dismissed, affirming the principle that an acquittal cannot be overturned in revision proceedings where the prosecution witnesses themselves have failed to identify or implicate the accused during the trial.

Questions settled in this judgment
  • Can a revision petition against an acquittal be maintained when prosecution witnesses have testified that the perpetrator was an unknown person?
  • Is leave to appeal against the dismissal of a revision petition justified when the trial evidence fails to implicate the accused?
acquittalrevision petitionleave to appealcriminal trialwitness testimonymurder

ORDER

1. ' GHULAM MUJADDID, J.--We cannot do anything for the petitioner Munawara Begum who appeared in person and seeks leave to appeal against the order of the Lahore High Court dated 29-11-1987 whereby the revision filed by her against the order of acquittal of Muhammad Aslam, the alleged murderer of her son Tufail Khalid was dismissed in limine.

2. The report was lodged by Abdul Khaliq father of the deceased (husband of the petitioner). During the trial the father as well as the other witnesses deposed that some unknown person had murdered the deceased.

3. ' That is the end of the matter. The petition is dismissed.

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