IFTIKHAR ALI vs GUL REHMAN S — 2021 SCMR 1490 SUPREME-COURT

Case information

Citation: 2021 SCMR 1490 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: IFTIKHAR ALI vs GUL REHMAN 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

IFTIKHAR ALI VS GUL REHMAN S. 302(b)---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd---Petition for leave to appeal challenging acquittal---Accused was convicted by Trial Court under S. 302(b), P.P.C. and sentenced to imprisonment for life, however on appeal the High Court set-aside the conviction and sentence of accused---Contention on behalf of prosecution that in the face of overwhelming evidence primarily comprising ocular account by natural witnesses, there was no occasion for the High Court to rely on prosecution's alleged failure on peripheral issues, an error that, resulted into miscarriage of justice---Validity---Impugned reasoning recorded by the High Court showed that to overturn the conviction it had been swayed primarily by a plea of alibi supported by the prayer leader of the village mosque who, however, opted to stay away from the witness-box alongside the accused himself---Similarly, certain discrepancies in the site plan were viewed to prosecution's detriment without having been confronted to the witnesses during the trial---Unscathed survival of the witnesses was also received with suspicion by the High Court --- Nonetheless, the High Court did not appear to have taken any exception to the ocular account furnished by the witnesses of the locality, a small rural neighborhood, unanimously pointing their finger upon the accused---Supreme Court granted leave to reappraise the entire evidence with a view to secure the ends of justice.

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