MUHAMMAD YOUSAFPetitoner vs MAZHAR KHAN and others
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, challenging the judgment of the High Court which had acquitted the respondents. The core legal question concerns whether the High Court was justified in returning a verdict of acquittal in favor of the respondents by discarding the ocular account furnished by the prosecution witnesses contrary to the established principles governing the appraisal of evidence laid down by the Supreme Court. The Supreme Court granted leave to appeal to consider this question and directed the issuance of bailable warrants against the respondents. The principle laid down relates to the rigorous scrutiny and adherence to established principles of appraisal of ocular testimony by appellate courts when reviewing acquittals.
- Was the High Court justified in returning a verdict of acquittal by discarding the ocular account furnished by the prosecution witnesses?
- What principles govern the appraisal of evidence in criminal appeals before the Supreme Court?
ORDER
1. MANZOOR HUSSAIN SIAL, J.---After hearing learned counsel for petitioner and going through the record, we grant leave to consider whether the High Court was justified in returning verdict of acquittal in favor of the respondents by discarding the ocular account furnished by Muhammad Yousaf, P.W. 7 and Muhammad Bashir, P.W. 8 and Muhammad Ayub P.W. 9 contrary to the principles governing the appraisal of evidence laid down by this Court. Let boilable warrants in sum of Rs,50,000 with two sureties in the like amount returnable to District Magistrate, Rawalpindi, be issued against the respondents.