Pakistan Case LawSHER MUHAMMAD and others Versus THE STATE
This matter arises from a petition for leave to appeal against the conviction of the petitioners, Sher Muhammad and others, as reported in 1995 SCMR 846 before the Supreme Court of Pakistan. The core legal question concerns the proper appraisal of evidence, specifically whether the testimony of three relation-cum-chance witnesses, who allegedly witnessed the occurrence at dead of night in the moonlight, can form a safe basis for conviction in accordance with the established principles laid down by the Court. The Supreme Court granted leave to appeal to examine whether the courts below correctly followed these evidentiary principles. The key principle laid down relates to the rigorous scrutiny required for appraising the testimony of relation and chance witnesses in criminal cases involving night-time occurrences.
- Can the testimony of relation-cum-chance witnesses form a safe basis for conviction for an occurrence at dead of night in the moonlight?
- Were the principles governing the appraisal of evidence correctly followed by the courts below?
ORDER
MUHAMMAD RAFIQ TARAR, J.---Leave to appeal is granted to consider whether the principles governing appraisal of evidence as laid down by this Court were correctly followed by the Courts below and the evidence of three relation-cum-chance witnesses, who claim to have witnessed the occurrence at dead of night in the moon light, could form a safe basis for conviction.
Judges on this bench
- Sajjad Ali Shah1,895 judgments
- Muhammad Rafiq Tarar605 judgments