PERVAIZ KHAN vs State S — 2022 SCMR 393 SUPREME-COURT

Case information

Citation: 2022 SCMR 393 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: PERVAIZ KHAN 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

PERVAIZ KHAN VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Accused and co-accused with similar roles---Evidence found doubtful to the extent of acquitted co-accused not sustainable for convicting the accused---In the present case, the High Court concurred with the findings of the Trial Court regarding the acquittal of three co-accused persons who actively participated in the occurrence and their role also got support from the medical evidence meaning thereby that the witnesses of the ocular account had been disbelieved qua the said acquitted co-accused and their evidence could not be taken into consideration against the present accused persons in the absence of any corroboratory piece of evidence which was totally missing in the present case---Forensic Science Laboratory (FSL) report to the extent of one of the present accused was negative and even no recovery was effected from the other accused---Nothing was available on record to distinguish the role of the present accused persons from the role of those co-accused who had been acquitted by the Trial Court and their acquittal had been maintained by the High Court and further their acquittal was never challenged before the Supreme Court---Due to the such circumstances, the conviction and sentence of present accused persons was not sustainable on the same set of evidence, which was found doubtful to the extent of three acquitted co-accused--- Appeals were allowed, convictions of accused persons were set aside and they were acquitted of the charge.

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