| Case ID |
04e595e5-a9ce-4421-9494-f352cb7f3dfb |
| Body |
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| Case Number |
Criminal Appeals Nos. 89, 92 and 96 of 2012 |
| Decision Date |
Jul 20, 2013 |
| Hearing Date |
Jul 18, 2013 |
| Decision |
The appeals were allowed, and the impugned judgment was set aside, resulting in the acquittal of the accused. The court emphasized the lack of credible evidence against the accused, noting that the independent public witness did not support the prosecution's case. The evidence presented by police officials was deemed insufficient to establish the guilt of the accused beyond a reasonable doubt. The court highlighted the importance of credible witness testimony in criminal cases and ruled that the benefit of doubt must be granted to the accused as a matter of right. |
| Summary |
In the Sindh High Court case of Criminal Appeals Nos. 89, 92 and 96 of 2012, the court examined serious charges against several accused individuals, including kidnapping and attempted murder, under the Penal Code and the Anti-Terrorism Act. The case revolved around an alleged encounter between police and notorious bandits, where the prosecution's key witness, Karim Bux, failed to identify the accused or support the prosecution's narrative. The court highlighted significant contradictions in the testimonies and the lack of physical evidence to corroborate the prosecution's claims. Ultimately, the court ruled in favor of the accused, underscoring the critical importance of reliable evidence in criminal proceedings. This case reiterates the legal principle that the benefit of doubt must always favor the accused, particularly in cases with dubious witness reliability and conflicting testimonies. Keywords such as 'criminal law', 'acquittal', 'evidence', 'witness testimony', and 'Sindh High Court' are essential for understanding the implications of this ruling. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
FAROOQ ALI CHANNA,
AFTAB AHMED GORAR
|
| Lawyers |
Abdul Haque Odho,
Umrah Khan Yousufzai,
Sahab Khan Kanasro,
Abdul Rehman Kolachi A.P.G.
|
| Petitioners |
Allah Bux,
NIAZ alias NIAZZO,
Gulzar,
Ali Hassan
|
| Respondents |
The STATE
|
| Citations |
2015 SLD 2268,
2015 YLR 2255
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Anti-Terrorism Act (XXVII of 1997)
|
| Sections |
365-A,
324,
353,
148,
149,
7
|