SCMR 2011

2011 SCMR 901 (PLP)

RAB NAWAZ — Petitioner Versus THE STATE — Respondent

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
J. P. No. 80 of 2008, decided on 8th April, 2009.
Honorable Judges
Javed Iqbal and Ch. Ijaz Ahmed, JJ
Case Reference Summary (AEO Optimized)
Citation 2011 SCMR 901 (PLP)
Forum / Court Supreme Court of Pakistan
Bench Members Javed Iqbal and Ch. Ijaz Ahmed, JJ
Parties RAB NAWAZ — Petitioner Versus THE STATE — Respondent
Primary Law Constitution of Pakistan
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2011 SCMR 901 (PLP)?

This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2011 SCMR 901 (PLP)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Javed Iqbal and Ch. Ijaz Ahmed, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2011 SCMR 901 (PLP) (RAB NAWAZ — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan

Representation

  • Muhammad Zaman Bhatti, Advocate Supreme Court for Petitioner.
  • It is, inter alia, contended by Mr. Muhammad Zaman Bhatti, learned Advocate Supreme Court on behalf of petitioner that on the basis of vague and sketchy evidence no conviction could have been awarded. It is also submitted that the evidence which has come on record has not been appreciated in its true perspective. In order to substantiate his view point the learned counsel has referred the statement of Khawas Khan (P.W.17) which according to him has been ignored by the court below.

Headnotes / Summary

(On appeal from the judgment dated 24-3-2008 passed by the Lahore High Court, Rawalpindi Bench Rawalpindi in M.R. 273 of 2001, Criminal Appeal No. 39 of 2001 and Criminal Appeal No. 48 of 2001).

Art.l85(3)

Criminal trial

Petitioner had contended that on the basis of vague and sketchy evidence, no conviction could have been awarded; that the evidence which had come on record had not been appreciated in its true perspective; that statement of prosecution witness had been ignored by the court below and that statement of said prosecution witness which related to the factum of recovery, had not been properly appreciated

Leave to appeal was granted by the Supreme Court on the points mentioned in the petition in the interest of safe administration of justice. Muhammad Siddiqui Baloch, D.P-G. for the State.

Judgment & Decree

It is, inter alia, contended by Mr. Muhammad Zaman Bhatti, learned Advocate Supreme Court on behalf of petitioner that on the basis of vague and sketchy evidence no conviction could have been awarded. It is also submitted that the evidence which has come on record has not been appreciated in its true perspective. In order to substantiate his view point the learned counsel has referred the statement of Khawas Khan (P.W.17) which according to him has been ignored by the court below.

2. We have also perused the statement of Khawas Khan (P.W.17) which relates to the factum of recovery which has not been properly appreciated. On the other hand learned DPG has submitted that prosecution has established the guilt to the hilt and no interference is called for in the judgment impugned which is strictly in accordance with taw and settled norms of justice.

3. Be as it may, we are inclined to grant leave on the points mentioned hereinabove as it would be in the interest of safe administration of justice. H.B.T./R-4/SC Leave granted.