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State vs AMANAT KHAN S — 2021 SCMR 1494 SUPREME-COURT

Case information

Citation
2021 SCMR 1494 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
State vs AMANAT KHAN 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

State VS AMANAT KHAN 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 death, however on appeal the High Court set-aside the conviction and sentence of accused---Contentions on behalf of prosecution that in the face of overwhelming evidence furnished by natural witnesses having no axe to grind with the accused, there was no occasion for the High Court to acquit the accused from the charge, squarely structured on 'proof beyond doubt'; that the impugned view of the High Court, seemingly based upon various circumstances, considered by it as suspect, mostly related to peripheral or investigative flaws, with no bearing upon the preponderance of ocular account furnished by the witnesses who had satisfactorily explained their presence at the spot; that in the wake of accused's absconsion, a negative forensic report did not adversely affect the prosecution's case nor non-mentioning of specific caliber of the weapon could destroy the intrinsic value of the testimony that successfully withstood the test of cross-examination, particularly having regard to the criminal record of the accused---Supreme Court granted leave to consider the said contentions and to reappraise the entire evidence.

Other judgments reported in 2021 SCMR

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