Mitigating factors on appeal
Sadar Bibi and another v Munir Ahmed and Others (2017 SCMR 344)
If the “eye-witnesses produced by the prosecution are disbelieved to the extent of some accused person attributed effective role, then the said eye-witnesses cannot be relied upon for the purpose of convicting another accused person attributed a similar role, without availability of independent corroboration.”
Irfan Ali v. State (2015 SCMR 840)
An accused cannot receive a death sentence when a co-accused with a more serious role in the incident was acquitted.
Iftikhar Hussain v. State (2004 SCMR 1185)
Where witness evidence is unreliable in regard to the involvement of one of the co-accused then, ordinarily, they cannot be relied upon against the other co-accused unless their testimony is sufficiently corroborated through strong corroboratory evidence coming from an unimpeachable and independent source.
