| Case ID |
02de5a9b-0082-4ce9-8faf-d313d5075d88 |
| Body |
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| Case Number |
Criminal Petition No. 91-K of 2020 |
| Decision Date |
Feb 09, 2022 |
| Hearing Date |
Feb 09, 2022 |
| Decision |
The Supreme Court of Pakistan allowed the appeal, acquitting the petitioner Muhammad Samiullah of the charges against him. The Court found that there was a lack of direct evidence connecting him to the crime of misappropriation of government equipment. The prosecution's case relied primarily on the testimonies of four witnesses from the same department, which the Court deemed insufficient. Furthermore, the Court criticized the Trial Court for its handling of the case, particularly regarding the comparison of disputed signatures without proper forensic analysis. The Supreme Court emphasized that any reasonable doubt must be resolved in favor of the accused, leading to the conclusion that the prosecution failed to prove its case beyond a reasonable shadow of doubt. |
| Summary |
In the case of Muhammad Samiullah vs. The State, the Supreme Court of Pakistan addressed significant issues concerning the burden of proof in criminal cases, particularly in relation to the Prevention of Corruption Act and the Pakistan Penal Code. The petitioner was accused of misappropriating government equipment, but the Court found that the evidence presented was circumstantial and derived from testimonies of witnesses who were colleagues of the accused. The Court highlighted the importance of direct evidence and the shortcomings in the prosecution's case, including the lack of a proper forensic examination of disputed signatures. The judgment underscored that any doubts in the prosecution's evidence must be resolved in favor of the accused, affirming the principle of 'innocent until proven guilty.' This case illustrates the critical role of evidence in criminal justice and reinforces the rights of the accused in legal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sardar Tariq Masood, Justice,
Sayyed Mazahar Ali Akbar Naqvi, Justice,
Jamal Khan Mandokhail, Justice
|
| Lawyers |
Anis Muhammad Shahzad, Advocate-on-Record for Petitioner,
Hussain Bux Baloch, Additional P.G. Sindh for the State
|
| Petitioners |
Muhammad Samiullah
|
| Respondents |
The State
|
| Citations |
2022 SLD 1033,
2022 SCMR 998
|
| Other Citations |
Rubina Jamshed v. UBL 2005 CLD 50,
Abdul Hamid v. Deputy Commissioner 1985 SCMR 359,
Shabbir Hussain v. The State 1968 SCMR 1126,
Anwar Ahmad v. Nafis Bano 2005 SCMR 152
|
| Laws Involved |
Prevention of Corruption Act, 1947,
Qanun-e-Shahadat (10 of 1984),
Pakistan Penal Code, 1860
|
| Sections |
5(2),
61,
84,
409
|