2021 PLP 1490 (SCMR)
IFTIKHAR ALI — Petitioner Versus GUL REHMAN and another — Respondents
| Citation | 2021 PLP 1490 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed, JJ |
| Parties | IFTIKHAR ALI — Petitioner Versus GUL REHMAN and another — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2021 PLP 1490 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2021 PLP 1490 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 PLP 1490 (SCMR) (IFTIKHAR ALI — Petitioner Versus GUL REHMAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Altaf Khan, Advocate Supreme Court for Petitioner.
- Muhammad Nisar, Additional A.G. Khyber Pakhtunkhwa for Respondents.
Headnotes / Summary
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
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.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Fazal Ilahi, 48, in the backdrop of a dispute over immovable property was shot dead at 8:00 p.m. on 1.1.2012 within the precincts of Police Station Zaida District Swabi; the incident was reported by his brother Iftikhar who singularly blamed Gul Rehman respondent for the crime; convicted by a learned Additional Sessions Judge at Swabi under clause (b) of section 302 of the Pakistan Penal Code, 1860, he was sentenced to imprisonment for life vide judgment dated 16.7.2012, however, acquitted from the charge by a Division Bench of Peshawar High Court vide impugned judgment dated 18.02.2015, vires whereof, are being assailed on the ground that in the face of overwhelming evidence primarily comprising ocular account by natural witnesses, there was no occasion for the High Court on prosecution's alleged failure on peripheral issues, an error that, according to the learned counsel for the petitioner, results into miscarriage of justice.
2. We have gone through the impugned reasoning recorded by the High Court to overturn the conviction and found it to have 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 respondent 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. Generality of the above observations, notwithstanding, nonetheless, the High Court does not appear to have taken any exception to the ocular account furnished by the witnesses of locality in a small rural neighborhood, unanimously pointing their finger upon the respondent. We consider it expedient to grant leave to reappraise entire evidence with a view to secure the ends of justice. Send for Gul Rehman respondent through bailable warrant in the sum of Rs.200,000/- with one surety in the like amount, returnable to the Assistant Registrar of this Court at Peshawar, executable through Station House Officer concerned within a fortnight. MWA/I-7/SC Leave granted.