Pakistan Case LawABDUL WAHID Versus THE STATE and others
This matter concerns a petition for leave to appeal against an order of the High Court directing a retrial of the petitioner, who had initially been acquitted by the trial court on a charge of murder. The core legal question was whether the High Court was justified in setting aside the trial court's acquittal and ordering a retrial based on the testimony of prosecution witnesses. The Supreme Court upheld the High Court's decision, finding that the trial court's reasons for rejecting the testimony of the natural witnesses were unsustainable and legally flawed. The ratio of the decision is that where a trial court's assessment of evidence is demonstrably unsustainable, an appellate or revisional court is empowered to interfere with an acquittal order to ensure the ends of justice. The key principle laid down is that the findings of a trial court regarding the credibility of witnesses are subject to judicial review, and if such findings are based on unsustainable reasoning, the order of acquittal can be set aside in favor of a retrial.
- Can a High Court order a retrial if the trial court's reasons for rejecting witness testimony are found to be unsustainable?
- Is an order of acquittal by a trial court immune to interference in revision if the evidence assessment is flawed?
ORDER
SAAD SAOOD JAN, ACTG. C.J.---On 2-9-1984, Muhammad Khalas deceased and his mother Mst. Waziran were sleeping in the courtyard of the house of Muhammad Yameen (P.W.9) in village Harnoli, Tehsil Mianwali. According to the prosecution, at 4-15 a.m., the petitioner alongwith his brother Khan Muhammad entered the courtyard. Both were carrying shotguns. They went up to the cost of Muhammad Khalas when the petitioner fired at him. Muhammad Khalas died at the spot. The petitioner and his brother ran away from the place of the occurrence.
2.The petitioner and his brother were tried on a charge under section 302, Pakistan Penal Code. They pleaded not guilty and denied that they were responsible for causing death of the deceased.
3.The main evidence against the petitioner was provided by Mst. Waziran and Muhammad Yameen. The trial Court rejected their testimony and acquitted the accused. Muhammad Yamin P.W. 9 filed a revision petition in the High Court. A learned Single Judge accepted the revision petition in so far as the petitioner was concerned and ordered his retrial. The petitioner seeks leave to appeal from this Court.
4.After hearing learned counsel for the petitioner we are in agreement with the view taken by the High Court that the reasons given by the trial Court for rejecting the testimony of the natural witnesses were unsustainable. We are, therefore, not inclined to interfere with the order of the High Court. Leave is refused.
Judges on this bench
- Saad Saood Jan2,559 judgments