MUHAMMAD IDREES vs State S — 2021 SCMR 612 SUPREME-COURT

Case information

Citation: 2021 SCMR 612 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: MUHAMMAD IDREES vs State 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

MUHAMMAD IDREES VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Statement of doctor, who was an independent witness, regarding shifting of deceased from one hospital to another, which was also confirmed by the post-mortem report, was in contradiction to the statements given by the two purported eye-witnesses---Such contradiction shook credibility of the two eyewitnesses leading to the conclusion that they were not present at the scene of the crime---Ocular account of the two eye-witnesses had been rightly disbelieved by the High Court, against the acquitted co-accused, who was alleged to have played a similar role in the occurrence---In such circumstances the same evidence could not be relied upon to convict the accused, unless there was an independent corroboration of it to the extent of his involvement in commission of the offence---Recovery being inconsequential there was no corroborative evidence to distinguish the case of the accused from that of the acquitted co-accused---Ocular account and the contents of the crime report were also inconsistent with the medical evidence on the record with respect to number of fire shots received on the thighs of the deceased---Prosecution had failed to establish its case against the accused beyond reasonable doubt---Petition for leave to appeal was converted into appeal and allowed, the conviction and sentence of the accused was set aside and he was acquitted of the charge.

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