1998 PLP 1145 (SCMR)
AZHAR IQBAL and 2 others‑‑‑Petitioners Versus THE STATE and another‑‑‑Respondents
| Citation | 1998 PLP 1145 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Khalil‑ur‑Rehman Khan, Munir A. Sheikh and Muhammad Taqi Usmani, JJ |
| Parties | AZHAR IQBAL and 2 others‑‑‑Petitioners Versus THE STATE and another‑‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 1145 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 1145 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Khalil‑ur‑Rehman Khan, Munir A. Sheikh and Muhammad Taqi Usmani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 1145 (SCMR) (AZHAR IQBAL and 2 others‑‑‑Petitioners Versus THE STATE and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Iqbal, Advocate instructed by Mehr Khan Malik, Advocate‑on‑Record for Petitioners.
- Nemo for Respondent No. 1.
- Imtiaz Muhammad Khan, Advocate‑on‑Record (absent) for Respondent No.2
- Date of hearing: 16th March, 1998.
- Ch. Muhammad Iqbal, Advocate instructed by Mehr Khan Malik, Advocate-on-Record for Petitioners.
- Imtiaz Muhammad Khan, Advocate-on-Record (absent) for Respondent No.2
Headnotes / Summary
(On appeal from the judgment of Federal Shariat Court dated 24‑4‑1997 passed in Criminal Appeals Nos. 19/I of 1996 and 31/I of 1996). ‑‑‑‑S. 377‑‑‑Constitution of Pakistan (1973), Art.203‑F(2B)‑‑‑Leave to appeal was granted to accused by Supreme Court to examine whether the prosecution had been able to establish the guilt of accused beyond reasonable doubt, and whether the evidence had been appraised properly keeping in view the principles enunciated by superior Courts for safe administration of justice in criminal cases.
Judgment & Decree
KHALIL-UR-REHMAN KHAN, J.
Petitioners seek leave to appeal against the judgment dated 24-4-1997 of the Federal Shariat Court whereby the judgment dated 17-1-1996 of the Additional Sessions Judge, Chakwal was maintained and the conviction and sentence of the petitioners under section 377, P.P.C. was upheld.
2. Learned counsel for the petitioners argued that the anal swabs taken 4-1/2 days after the occurrence could not result into a positive report of Chemical Examiner in the natural course and that the unreasonable explanation of the alleged victim that he had not taken meals for four/five days except water and did not ease for all these days could not be believed, and in the circumstances, uncorroborated testimony of Muhammad Faisal P.W.4/the victim could not safely be relied upon for convicting the petitioners as Sher Baz P. W. who had allegedly seen the occurrence was not produced and Arshad Mahmood P.W.6, the other alleged witness was not believed by the learned trial Court particularly in the background of inimical relations existing between the parties.
3. Leave to appeal is granted to examine:-- (i) Whether the prosecution has been able to establish the guilt of the petitioners beyond reasonable shadow of doubt; and (ii) Whether the evidence has been appraised keeping in view the principles enunciated by the superior Courts for safe administration of justice in criminal cases? N.H.Q./A-62/S Leave granted.