| Case ID |
049a679f-7153-4774-adcf-10144c9f37bf |
| Body |
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| Case Number |
Criminal Jail Appeal No. 133 of 2018 |
| Decision Date |
Apr 29, 2020 |
| Hearing Date |
Mar 05, 2020 |
| Decision |
The appeal against the conviction was allowed due to the prosecution's failure to prove its case beyond reasonable doubt. The court found significant contradictions in the testimonies of the witnesses, untrustworthiness of the evidence presented, and procedural lapses in the investigation. The delay in lodging the First Information Report (FIR) and the lack of corroborative evidence further weakened the prosecution's case. Consequently, the appellants, Mst. Fareeda and Mst. Sidra, were acquitted of the charges under sections 302/34 of the Pakistan Penal Code. |
| Summary |
In a landmark ruling by the Sindh High Court, the case of Mst. Fareeda and Mst. Sidra, accused of murder under the Penal Code, was critically examined. The court highlighted the necessity for the prosecution to meet the burden of proof beyond a reasonable doubt. The inconsistencies in witness statements and the failure to present key evidence led to a decision that emphasized the importance of due process and the presumption of innocence in criminal law. This case serves as a significant reference point for legal practitioners regarding the evaluation of evidence and the implications of procedural errors in criminal trials. Keywords: Sindh High Court, Criminal Appeal, Murder Acquittal, Evidence Evaluation, Presumption of Innocence, Legal Standards. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MRS. RASHIDA ASAD
|
| Lawyers |
Habib-ur-Rehman Jiskani,
Zahoor Ahmed Shah
|
| Petitioners |
MST. FAREEDA,
MST. SIDRA
|
| Respondents |
THE STATE
|
| Citations |
2021 SLD 1712,
2021 YLR 1828
|
| Other Citations |
Zeeshan alias Shani v. The State 2012 SCMR 428,
Noor Muhammad v. The State 2010 SCMR 97,
Zarid Khan v. Gulsher and another 1972 SCMR 597,
Muhammad Sadiq v. Muhammad Sarwar 1979 SCMR 214,
Islam v. The State PLD 1962 Lah. 1053,
Kaloo and 2 others v. The State 1973 PCr.LJ 334,
Muhammad Luqman v. The State 1989 MLD 1708
|
| Laws Involved |
Penal Code (XLV of 1860),
Pure Food Ordinance, 1960
|
| Sections |
302,
34,
129(g)
|