| Case ID |
03917ea0-9df2-44e3-9ca5-99fd7de4e5af |
| Body |
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| Case Number |
Criminal Appeal 724 of 2011 |
| Decision Date |
Jan 23, 2014 |
| Hearing Date |
|
| Decision |
The High Court acquitted the appellants, Darwaiz Khan and Saifullah, of the charges against them due to insufficient evidence and contradictions in the prosecution's case. The court emphasized that the prosecution failed to establish guilt beyond a reasonable doubt, especially given the discrepancies between the medical evidence and the eyewitness accounts. The court noted that it is better to err in acquittal than in conviction, reinforcing the principle of benefiting the accused in case of doubt. |
| Summary |
In the case of Criminal Appeal 724 of 2011, the Peshawar High Court reviewed the convictions of Darwaiz Khan and Saifullah for the murder of Sher Baz Khan, which occurred on 23-8-2010. The prosecution's case relied heavily on eyewitness testimony provided by the complainant, Mst. Nishat, and her son Kamran, who claimed to have witnessed the shooting. However, significant inconsistencies arose between their statements and the medical evidence, which indicated that the deceased was shot from behind, conflicting with the complainant's account. The absence of recovered shell casings further weakened the prosecution's case, leading the court to determine that the evidence did not convincingly establish the appellants' guilt. The decision reflects the judicial commitment to uphold the principle of 'innocent until proven guilty' and highlights the importance of corroborative evidence in criminal trials. Keywords in this case include 'murder acquittal', 'eyewitness testimony', 'medical evidence', and 'criminal appeal'. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Assadullah Khan Chamkani,
Lal Jan Khattak
|
| Lawyers |
Zahoor-ul-Haq,
Muhammad Ajmal Khan,
Abida Safdar
|
| Petitioners |
Saifullah,
Darwaiz Khan alias Gul
|
| Respondents |
Mst. Nishat
|
| Citations |
2015 SLD 2951,
2015 PCRLJ 1603
|
| Other Citations |
2007 SCMR 1812,
PLD 1994 SC 178,
2010 SCMR 97,
1999 SCMR 1220
|
| Laws Involved |
Penal Code (XLV of 1860),
Code of Criminal Procedure (Cr.P.C.)
|
| Sections |
302(b),
34,
544-A,
382-B
|