Pakistan Case Law
1994 SCMR 392

MUHAMMAD IQBAL and 3 others vs MUHAMMAD AKRAM and 4 others

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Citation1994 SCMR 392
CourtSupreme Court of Pakistan
Case No.Criminal Petitions for Leave to Appeal Nos.105 of 1992 and 348-L of 1992 Cr.
Date1993-07-13
Judge(s)Saad Saood Jan, Ajmal Mian and Muhammad Rafiq Tarar
ResultLeave granted
Summary

This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan, arising from a criminal conviction. The core legal question presented for consideration is whether, in the presence of a conflict between ocular testimony and medical evidence—specifically regarding the firing distance as depicted in the site plan versus the medical findings—the court can place implicit reliance on eyewitness accounts solely on the basis of an absence of prior enmity between the parties. The Supreme Court granted leave to appeal to the convicts to examine this evidentiary discrepancy. Furthermore, the Court granted leave to appeal in a related criminal petition against the respondent, Muhammad Akram, and directed the issuance of bailable warrants to secure his attendance. The judgment highlights the necessity of scrutinizing the consistency of prosecution evidence when material contradictions exist between witness statements and expert medical reports, establishing that the absence of motive or enmity does not automatically validate testimony that is otherwise contradicted by physical or medical evidence.

Questions settled in this judgment
  • Can implicit reliance be placed on eyewitness testimony solely due to the absence of enmity when there is a conflict between ocular and medical evidence?
  • Does a discrepancy regarding firing distance in a site plan versus medical evidence warrant a re-examination of conviction by the Supreme Court?
leave to appealocular evidencemedical evidencefiring distanceevidentiary conflictcriminal appeal

ORDER

MUHAMMAD RAFIQ TARAR, J.---Leave to appeal is granted to consider inter alia whether in view of conflict in ocular and medical evidence (particularly regarding firing distance shown in the site plan as 32 feet) implicit reliance could be placed on the eye-witnesses merely for the reason that there was no background of enmity between the parties.

2. Since leave to appeal has been granted to the convicts, we also grant leave in Criminal Petition No, 105 of 1992 against Muhammad Akram respondent.

' Bailable warrants in the sum of Rs,10,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Gujrat, be issued against him.

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