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1983 SCMR 100 (1)

MUHAMMAD NAWAZ vs HABIBULLAH AND Other

Citation1983 SCMR 100 (1)
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No. 282 of 1979 Criminal Appeal No.
Date1982-06-14
Judge(s)Nasim Hasan Shah, Muhammad Afzal Zullah, Shafi-ur-Rehman
ResultLeave granted

ORDER

1. SHAFI-UR-REHMAN, J.-The acquittal of the respondents is based, inter alia, on the proceedings taken in the High Court for the first time, for procuring, verifying and comparing the handwriting of an eye-witness who was on the basis of such proceedings held to be "thoroughly unreliable person."

2. Leave to appeal is granted to examine among other questions. Whether the High Court in forming the opinion that it did, took all the relevant factor into consideration and has drawn conclusions which could reasonably by drawn with regard to the credibility of an eye-witness who had been considered reliable by the trial Court.

3. Bailable warrants in the sum of Rs. 2,500 with two sureties (each respon--sible individually and jointly) in the like amount to the satisfaction of and returnable to District Magistrate Sargodha to issue.

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