Pakistan Case LawMUHAMMAD RAFIQ and others Versus THE STATE
This matter comes before the Supreme Court of Pakistan upon petitions for leave to appeal against the judgment of the Lahore High Court maintaining the conviction of the petitioners on a capital charge. The core legal question is whether the High Court was legally justified in upholding the conviction based on the testimony of two interested eye-witnesses, who are real brothers of the deceased, in the absence of sufficient corroborative evidence and while allegedly ignoring the defence version entirely. Additionally, a connected petition seeks leave against the acquittal of co-accused persons. Granting leave to appeal, the Court held that the contentions raised require detailed examination regarding the appreciation of evidence and corroboration standards in capital cases, and directed the criminal petitions to be heard along with the pending appeal and connected acquittal petition.
- Whether the High Court was right to maintain the conviction of the petitioners on a capital charge on the statements of two eye-witnesses who are real brothers of the deceased without sufficient corroborative evidence?
- Whether the defence version was improperly ignored by the High Court while upholding the capital conviction?
ORDER
MANZOOR HUSSAIN SIAL, J.---Leave to appeal in these petitions is granted to consider inter alia, whether the Lahore High Court was right to maintain, conviction of the petitioners on capital charge, on the statements of two eye-witnesses, namely, Muhammad Ismail P.W. 5, and Muhammad Bota, P.W. 6, who are real brothers of Muhammad Yaqoob deceased, without sufficient corroborative evidence on the record, as also by ignoring the defence version altogether.
Cr.P.LA. 419-L of 1993, filed by Muhammad Ismail complainant against the acquittal of Muhammad Sarfraz and another be heard alongwith the appeal.
Judges on this bench
- Saleem Akhtar1,928 judgments
- Wali Muhammad Khan585 judgments
- Manzoor Hussain Sial807 judgments