QAMAR ZAMAN vs SHABBIR AHMAD and another
This matter concerns a petition for leave to appeal filed by the complainant against the judgment of a learned Single Judge of the High Court, which acquitted the respondent, Shabbir Ahmad, of charges under sections 302 and 201 of the Pakistan Penal Code 1860. The respondent had been previously convicted by the Additional Sessions Judge for the murder of Muhammad Taqi and for causing the disappearance of evidence, receiving a sentence of life imprisonment. Upon appeal, the High Court re-evaluated the evidence, concluded that the prosecution failed to prove its case beyond a reasonable doubt, and set aside the conviction. The core legal question before the Supreme Court was whether the High Court committed any error of law in its appraisement of the evidence or its legal approach in reversing the conviction. The Supreme Court found no such error in the High Court's reasoning or assessment of the facts. Consequently, the Supreme Court dismissed the petition for leave to appeal, upholding the acquittal. The judgment reinforces the principle that an appellate court's acquittal based on a thorough re-appraisal of evidence will not be disturbed absent a demonstrated legal error.
- Does the Supreme Court interfere with an acquittal order where the High Court has thoroughly discussed and appraised the evidence?
- Can a petition for leave to appeal succeed if the petitioner fails to demonstrate an error of law in the High Court's judgment?
- Section 302, Pakistan Penal Code 1860
- Section 201, Pakistan Penal Code 1860
ORDER
1. ' NASIM HASAN SHAH, J.---This is a petition seeking leave to appeal against the acquittal of Shabbir Ahmad, respondent No,1, who was tried under section 302/201, P.P.C. For the murder of Muhammad Taqi and for causing disappearance of the evidence of the commission of the aforesaid offence.
2. The Additional Sessions Judge had earlier convicted the respondent under section 302, P.P.C. Vide judgment dated 31-3-1988 and sentenced him to imprisonment for life alongwith other minor punishments and also under section 201, P.P.C. Wherein he was sentenced to five years' R.I. With a fine of Rs,2,000. However, on appeal a learned Single Judge of the High Court after thoroughly discussing all aspects of the case reached the conclusion that the prosecution had failed to prove its case against Shabbir Ahmad (respondent No,1 herein) and accordingly allowed his appeal and ordered his acquittal from all charges. Hence this petition by the complainant seeking reversal of the order of the acquittal.
3. We have heard MrAbdul Waheed Butt in support of this petition but he has not been able to show any error of law committed by the learned Single Judge either in the appraisement of the evidence or in the approach adopted by him in disposing of the appeal.
4. ' This petition, accordingly, fails and is dismissed hereby. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.