2011 PLP 1900 (SCMR)
MUHAMMAD SIDDIQUE and another — Petitioners Versus THE STATE — Respondent
| Citation | 2011 PLP 1900 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mehmood Akhtar Shahid Siddiqui and Asif Saeed Khan Khosa, JJ |
| Parties | MUHAMMAD SIDDIQUE and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2011 PLP 1900 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP 1900 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mehmood Akhtar Shahid Siddiqui and Asif Saeed Khan Khosa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 1900 (SCMR) (MUHAMMAD SIDDIQUE and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mir Muhammad Ghufran Khurshid Imtiazi, Advocate Supreme Court for Petitioners.
Headnotes / Summary
(Against the judgment dated 19-1-2011 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi in Criminal Appeal No.318 of 2008 and Murder Reference No.36/RWP of 2008).
S. 302
Constitution of Pakistan, Art. 185(3)
Effect
If one of the accused persons was, at different stages of the case deemed by complainant to be innocent then his implication by complainant during trial reflected adversely upon complainant party's veracity and also reacted against correctness of the allegations levelled against co-accused
Recovery of weapons of offence from the possession of accused persons during investigation was inconsequential
Supreme Court finding it to be in the interest of justice to reappraise the evidence against accused persons, leave to appeal was granted. Mazhar Sher Awan, Additional Prosecutor-General, Punjab for the State.
Judgment & Decree
ASIF SAEED KHAN KHOSA, J.
The two petitioners in this petition stand sentenced to death on three counts each. There are indications available on the record that on many occasions during the investigation of this case Muhammad Safdar complainant (P.W.8) wanted to acknowledge that at least Muhammad Siddique, petitioner was innocent in this case. If Muhammad Siddique petitioner was at different stages deemed by the complainant to be innocent then his implication by the complainant during the trial reflected adversely upon the complainant party's veracity and also reacted against correctness of the allegations levelled against Muhammad Anwar Khan alias Anwari petitioner as well. Recovery of weapons of offence from the possession of the present petitioners during the investigation was legally inconsequential. In these circumstances we have found it to be in the interest of justice to reappraise the evidence qua the petitioners. This petition is, therefore, allowed and leave to appeal is granted to reappraise the evidence available on the record qua the petitioners. M.H./M-81/SC Leave granted.