ALI GOHAR vs THE STATE
The petitions for leave to appeal were filed before the Supreme Court of Pakistan to challenge a criminal conviction. The core legal questions presented for consideration were whether a material conflict existed between the ocular account and the medical evidence regarding the distance from which the firearm was discharged, and whether prior insults directed at the victim constituted mitigating circumstances sufficient to warrant a reduction in the sentence. The Supreme Court granted leave to appeal to examine these specific issues concerning the appreciation of evidence and the determination of the appropriate sentence. The Court did not finalize the merits of the appeal but established that arguable points of law and fact existed regarding evidentiary consistency and sentencing mitigation.
- Whether a conflict between ocular and medical evidence regarding the distance of a firearm shot warrants the grant of leave to appeal?
- Whether preceding insults directed at a victim can be considered as a mitigating circumstance in the determination of a sentence?
ORDER
1. SHAFIUR RAHMAN, J.---Leave to appeal is granted in both the petitions to examine, inter alia, the following questions:--
(i) Whether there is conflict in ocular and medical evidence; the fire-arm injury suggesting that the shot was fired from very close distance?
(ii) Whether, in view of the preceding insults given to Hukam Dad, it was not a case of some mitigation in the matter of sentence?