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2011 SCMR 1900

MUHAMMAD SIDDIQUE and another vs THE STATE

Citation2011 SCMR 1900
CourtSupreme Court of Pakistan
Case No.Jail Petition No, 101 of 2011
Date2011-08-04
Judge(s)Asif Saeed Khan Khosa, M. A. Shahid Siddiqui
ResultLeave granted

ORDER

1. ' 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.

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