| Case ID |
003acaa4-bafd-4acc-a831-3aa7908be2c5 |
| Body |
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| Case Number |
Criminal Revision Petition No. (s) 14 of 2021 |
| Decision Date |
Apr 05, 2021 |
| Hearing Date |
Mar 31, 2021 |
| Decision |
The Balochistan High Court accepted the revision petition, setting aside the impugned judgments dated January 14, 2021, and March 25, 2021, which had convicted the petitioners under Section 365 of the Pakistan Penal Code and sentenced them to three years of rigorous imprisonment along with a fine. The court found that the evidence presented, particularly the identification parade and statements recorded under Section 164 of the Criminal Procedure Code, lacked reliability. The identification parade was deemed to have lost its evidentiary value due to the absence of crucial details and the delay in proceedings. The court emphasized the prosecution's duty to prove its case beyond a reasonable doubt, ultimately acquitting the petitioners of all charges. |
| Summary |
This case revolves around the conviction of the petitioners for kidnapping under Section 365 of the Penal Code. The Balochistan High Court critically analyzed the evidence presented during the trial, particularly the testimonies of the alleged victim and the identification parade conducted by the police. The court highlighted significant flaws in the prosecution's case, including delays in the recording of statements and the identification process, which were not conducted in the presence of the accused, thus rendering them unreliable. The court reiterated the principle that any doubt arising from the evidence must benefit the accused, leading to the acquittal of the petitioners. This case underscores the importance of procedural integrity in criminal proceedings and the necessity for the prosecution to establish guilt beyond a reasonable doubt. Keywords such as 'Balochistan High Court', 'criminal law', 'kidnapping', 'evidence', 'identification parade', and 'legal principles' are critical in understanding the implications of this ruling. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED BALCOH
|
| Lawyers |
Abdul Ghani
|
| Petitioners |
Ghulam Hussain,
ABID ALI,
Panja
|
| Respondents |
THE STATE
|
| Citations |
2022 SLD 667,
2022 PCRLJ 286
|
| Other Citations |
2011 SCMR 563,
PLD 2019 SC 488,
2012 PCr.L.J 588,
PLD 2002 SC 1048
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
365,
161,
164,
22
|