| Case ID |
038c6182-e52c-4d97-be6a-8e9306c31532 |
| Body |
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| Case Number |
Criminal Acquittal Appeal No. 87 of 2018 |
| Decision Date |
Feb 11, 2020 |
| Hearing Date |
Feb 11, 2020 |
| Decision |
The Sindh High Court partly allowed the appeal, setting aside the acquittal order dated January 6, 2018, passed by the learned XIIth Assistant Sessions Judge, Karachi-West. The court found that the appellant was not afforded an opportunity of hearing, which was contrary to the principles of natural justice. The case was remanded back to the trial court for a fresh decision on the application under Section 265-K of the Criminal Procedure Code, ensuring that the appellant has the chance to present his case without bias from previous orders. The trial court was directed to expedite the proceedings due to the case's age. |
| Summary |
In the case of Criminal Acquittal Appeal No. 87 of 2018, the Sindh High Court addressed significant issues regarding the principles of natural justice and the right to a fair hearing. The court ruled on the appeal against the acquittal of three accused individuals, highlighting that the acquittal was rendered without providing the appellant, Aftab Ahmed Gorar, a fair opportunity to present his arguments. This case emphasizes the critical importance of the audi alteram partem rule, which asserts that no individual should be condemned unheard. The court's decision reinforces the necessity for trial courts to adhere to established legal principles, ensuring that all parties receive equitable treatment during judicial proceedings. The case serves as a vital reference for future legal interpretations regarding acquittal appeals and the procedural obligations of trial courts to uphold justice. The ruling also underscores the need for legal practitioners to be vigilant about procedural rights during trials. Overall, this case contributes to the ongoing discourse on legal rights and the administration of justice within the Pakistani legal system. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Aftab Ahmed Gorar,
Arif Ali Shah
|
| Lawyers |
Arshad H. Lodhi,
Shahid Hussain Soomro
|
| Petitioners |
Aftab Ahmed Gorar
|
| Respondents |
Muhammad Iqbal,
Muhammad Tariq,
Raza Elahi
|
| Citations |
2020 SLD 2403,
2020 MLD 1914
|
| Other Citations |
Malik Iftikhar Ahmad v. Ali Asghar and another PLD 1957 SC(AJK) 47
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
417,
265-K
|