AHMAD and others vs THE STATE
This matter arose from two criminal petitions seeking leave to appeal before the Supreme Court of Pakistan against a conviction. The incident in question occurred during the night at approximately 2:30 a.m., and the eye-witnesses claimed to have observed the event from a distance of 92 feet. The core legal question before the Supreme Court was whether the courts below had correctly followed the established principles governing the appraisal of evidence in criminal matters, particularly concerning night occurrences and witness visibility. The Supreme Court granted leave to appeal in both petitions to evaluate the evidentiary assessment of the lower courts. Additionally, the Court ordered the issuance of bailable warrants against the respondents in Criminal Petition No. 63/1993, setting the bail amount at Rs. 25,000 with two sureties.
- Whether the established principles governing the appraisal of evidence are correctly followed by lower courts when dealing with a night occurrence witnessed from a significant distance?
- Can leave to appeal be granted by the Supreme Court to review if lower courts properly evaluated eye-witness testimony in a night-time incident?
1. MUHAMMAD RAFIQ TARAR, J.- It was a night occurrence having taken place at 2-30 a.m. The eye- witnesses claim to have witnessed it from a distance of 92 feet. After hearing the learned counsel for the parties we grant leave in both the petitions to consider whether the principles, governing appraisal of evidence as laid down by this Court, were correctly followed by the Courts below.
2. ' Bailable warrants in the sum of Rs,25,000 with two sureties in the like amount to the satisfaction of A.C. Sargodha be issued against the respondents in Criminal Petition No,63/1993.