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2008 SCMR 195

Mst. HAMEEDA BIBI vs THE STATE and others

Petitioner: Mst. HAMEEDA BIBI VS Respondent: THE STATE and others

Court: Supreme Court of Pakistan Decision Date: 2007-08-13

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Hamid Ali Mirza, Ghulam Rabbani, Muhammad Nawaz Abbasi Title: Mst. HAMEEDA BIBI vs THE STATE and others Case No.: Cr.P. No,42-K of 2007, Date of Judgment:2007-08-13 Reported As: 2008 SCMR 195 Result: Leave granted

Judgment ORDER MUHAMMAD NAWAZ ABBASI, J.--- We having heard the learned counsel for the petitioner and perused the record with his assistance have found that the occurrence took place during the night of 12/13th April, 2005 and it being 17th of moon there would be sufficient visibility to identify the culprit in the moon light at a distance from which Mst. Nasreen, injured witness, Was fired at and her statement regarding the identification of the accused, was also corroborated by Mst. Hamida Bibi, (P.W.3) and Muhammad Ramzan (P. W . 4) who had A claimed to have seen the accused running from the spot at short distance after the occurrence. In view of the above evidence of identification, the question relating to the guilt of the acquitted accused would require examination and leave is accordingly, granted in this petition to reappraise the evidence and consider the above question. Bailable warrant against the respondents be issued in the sum of rupees one lac each with one surety each in the like amount to the satisfaction of A Sessions Judge West, Karachi.

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