| Case ID |
00cbaed5-98af-471c-a2c1-3091cae84842 |
| Body |
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| Case Number |
Criminal Jail Appeal No. 13 of 2013 |
| Decision Date |
Oct 27, 2014 |
| Hearing Date |
Sep 16, 2014 |
| Decision |
The appeal filed by Imdad Ali is accepted, and the judgment dated 28th March 2013 passed by the Sessions Judge, Quetta, in Sessions Case No. 09/2012 is set aside. The appellant is acquitted of the charge in case F.I.R. No. 122/2010, and he is to be released forthwith if not required in any other case. The court found that the prosecution failed to prove the case against the appellant beyond any reasonable doubt, and thus extended the benefit of doubt in favor of the accused. |
| Summary |
This case revolves around Criminal Jail Appeal No. 13 of 2013, wherein Imdad Ali challenged his conviction under Section 302(b) of the Pakistan Penal Code for murder. The case was adjudicated by the Balochistan High Court, which found significant discrepancies in the prosecution's evidence. The court emphasized the necessity for substantial proof in criminal cases, particularly when it concerns grave charges like murder. The judgment highlighted the importance of the principle of 'benefit of doubt' in favor of the accused. The legal framework involved includes the Pakistan Penal Code and the Qanun-e-Shahadat, which governs the admissibility of evidence. The court's decision underscores the judicial commitment to ensuring that convictions are based on strong, credible evidence rather than mere assumptions or conjectures. This case is significant for its interpretations of common intention and the evidentiary standards required for a murder conviction. The ruling serves as a precedent for future cases regarding the interpretation of involvement in crimes where mere presence at the scene is not sufficient for conviction. Keywords for SEO include 'Balochistan High Court', 'Criminal Law', 'Murder Conviction', 'Pakistan Penal Code', and 'Legal Precedent'. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
JAMAL KHAN MANDOKHAIL,
MUHAMMAD EJAZ SWATI
|
| Lawyers |
Abdul Karim Yousafzai,
Miss Sarwat Hina
|
| Petitioners |
IMDAD ALI
|
| Respondents |
The STATE
|
| Citations |
2015 SLD 580,
2015 MLD 176
|
| Other Citations |
Hassan v. State 1969 SCMR 455,
Hassan Din v. Muhammad Mushtaq 1978 SCMR 49,
Ghulam Haider v. Muhammad Nadeem Sajid 2006 SCMR 1251,
Mst. Askar Jan v. Muhammad Daud 2010 SCMR 1604,
Rohtas Khan v. The State 2010 SCMR 566
|
| Laws Involved |
Pakistan Penal Code, 1860,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
302(b),
34,
40
|