| Case ID |
00c460a5-1bb3-4bb1-9bc2-dd00e714e955 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 202 of 1993 |
| Decision Date |
Sep 26, 2003 |
| Hearing Date |
|
| Decision |
The Sindh High Court allowed the appeal filed by Yousif Ali against his conviction and sentence under section 13(d) of the West Pakistan Arms Ordinance, 1965. The court found that the prosecution's case was highly doubtful, primarily because the key witness, Mashir Noor Muhammad, did not support the charges against the appellant and disowned his signature on the Mashirnama. The Investigating Officer's statement lacked corroboration from other witnesses, leading the court to conclude that the prosecution failed to establish its case beyond a reasonable doubt. Consequently, the conviction and sentence were set aside, and the appellant was acquitted and set at liberty. |
| Summary |
In the case of Yousif Ali vs. The State, the Sindh High Court examined the evidence presented in a conviction under the West Pakistan Arms Ordinance, 1965. The court scrutinized the prosecution's reliance on witness statements, particularly focusing on the Mashir who disowned his testimony. The ruling emphasized the importance of corroborative evidence in criminal cases and highlighted the principle of benefit of doubt for accused individuals. The judgment underscores the judicial commitment to ensuring that convictions are based on solid evidence rather than mere allegations. The ruling also brings attention to procedural issues related to the jurisdiction of the trial court. This case is significant for its implications on the standards required for criminal convictions and the rights of defendants in the Pakistani legal system. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
WAHID BUX BROHI,
RAHMAT HUSSAIN JAFFERI
|
| Lawyers |
Khawaja Naveed Ahmed,
Jawed Akhtar
|
| Petitioners |
YOUSIF ALI
|
| Respondents |
THE STATE
|
| Citations |
2004 SLD 2475,
2004 PCRLJ 1261
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Arms Ordinance, 1965
|
| Sections |
13(d)
|