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ABDUL LATIF vs NOOR ZAMAN S — 2021 SCMR 1428 SUPREME-COURT

Case information

Citation
2021 SCMR 1428 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
ABDUL LATIF vs NOOR ZAMAN S
Subject matter
Criminal
Provisions referred to
S. 302

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL LATIF VS NOOR ZAMAN S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Petition for leave to appeal challenging acquittal---Complainant and witnesses named in FIR not appearing before the court---Conviction based on substituted witnesses---Complainant conveniently left the scene without even once appearing before the Court; same was the case with other witnesses (named in the FIR) that included deceased's aunt---Replacement of the witnesses named in the FIR with those, lacking reference therein, inevitably tremored the whole prosecution case, as such transposition reasonably hypothesized their absence at the scene---Explanations furnished by the substituted set of witnesses found no support from the record as statement of one of the substituted witnesses, i.e. the deceased's mother, was contradicted both by the Investigating Officer as well as the site plan of the crime scene---In the absence of confidence inspiring evidence, the accused could not have been convicted and sentenced merely on the strength of moral certainty regarding his guilt---High Court had rightly acquitted the accused --- Petition for leave to appeal was dismissed and leave was refused.

Other judgments reported in 2021 SCMR

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