Conviction of accused
Conviction of accused legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Conviction could be handed down placing reliance on the sole testimony of a child witness, but as a rule of prudence, it is generally preferred that it should be corroborated by some other evidence so as to ensure the safe administration of justice.
Petitioner/convict sought reduction of sentence, inter alia, on ground that she was convicted of several offences at same time, and her sentence of imprisonment, in present form, added to 100 years which was beyond expectancy of life
Validity
Under S.35, Cr.P.C., total period of imprisonment at one trial could not exceed 25 years, and sentence of imprisonment of petitioner/convict, being around 100 years, was impermissible and such anomaly should be rectified
High Court directed that sentences of life imprisonment awarded to petitioner should run concurrently and she should be given benefit of S.382-B, Cr.P.C.
Constitutional petition was allowed, accordingly.
Imposition of separate sentences would not be justified where acts constituting two different offences formed part of same transaction against same accused.
No one would be convicted for a crime, unless his guilt was proved beyond reasonable doubt by the prosecution through reliable and legally admissible evidence
Dubious and shaky kind of evidence could not be treated as substantive evidence
For convicting an accused on capital charge there should be confirmed authentic, direct evidence, which should appeal to logic and reason
Admissibility and credibility of evidence, were two different matters and one should not be mixed up with other.
Conviction could only be based upon unimpeachable evidence and certainty of guilt; and any doubt arising in the prosecution case must be resolved in favour of accused.
Onerous duty of the court to sift the grain from the chaff, and find out the truth from the falsehood in order to arrive at a just conclusion in any case for safe administration of justice.
"Conviction of accused", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124940279
Precedents & Case Laws citing "Conviction of accused"
1987 S C M R 179
MUHAMMAD ASHRAF‑‑Petitioner Versus THE STATE‑‑Respondent
Court: ‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S.302‑‑Motive‑‑Corroboration of ocular testimony‑‑Leave to appeal granted to consider contention that motive alone could not have been used as corroboration of ocular testimony for maintaining conviction of accused petitioner.‑‑Motive.2004 P Cr
ARAB GUL‑‑‑Appellant Versus MIR SHAH BAZ and another‑‑‑Respondents
Court: Peshawar1990 S C M R 434
NASEER AKHTAR‑‑Petitioner Versus THE STATE‑‑Respondent
Court: High Court1985 P Cr
ALBERT MASIH‑‑Petitioner Versus THE STATE Respondent
Court: Lahore1985
MUHAMMAD RAMZAN and 2 others‑‑Petitioners Versus THE STATE‑‑Respondent
Court: Lahore1983 S C M R 667
NAZAR MUHAMMAD-Appellant Versus THE STATE-Respondent
Court: -- S. 302-Murder-Sentence-Conviction of accused by trial Court found to have been maintained by High Court on proper appraisal of evidence-No interference called for-Accused, how ever, placing on file compromise effected between him an heirs of deceased and affidavits showing that they received amount of khoon baha from accused-Sentence, of death altered to that of life imprisonment in view of compromise.-Sentence.1995 S C M R 1377
SHAMOON alias SHAMMA‑‑‑Appellant Versus THE STATE‑‑‑Respondent
Court: Supreme Court of Pakistan1996SCMR1002
MUHAMMAD ISHTIAQ ALI alias MULLA and others‑‑‑Petitioners Versus THE STATE‑‑‑Respondent
Court: Supreme Court of Pakistan2001 S C M R 1986
LEHRASAB‑‑‑‑Petitioner Versus ESTATE‑‑‑‑Respondent
Court: Supreme Court of PakistanP L D 1991 Lahore 415
DOST MUHAMMAD alias DOOSO — Appellant Versus THE STATE — Respondent
Court: High Court