| Case ID |
08ac19cf-4ace-42ac-b878-31438c7ffc56 |
| Body |
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| Case Number |
Criminal Jail Appeal No. D-43 along with Criminal |
| Decision Date |
Feb 18, 2021 |
| Hearing Date |
Feb 03, 2021 |
| Decision |
The Sindh High Court allowed the appeal against the conviction of the petitioner, SADIQUE SABZOI, citing serious doubts in the prosecution's case due to delays in lodging the FIR and conducting post-mortems. The evidence presented raised questions about the reliability of eyewitness accounts and the conduct of law enforcement. The court emphasized that the prosecution failed to prove its case beyond a reasonable doubt, leading to the acquittal of the appellant and the setting aside of the trial court's judgment. |
| Summary |
In the case of SADIQUE SABZOI vs The STATE, the Sindh High Court dealt with serious allegations involving multiple sections of the Penal Code, including Qatl-i-amd and dacoity. The court scrutinized the evidence presented, focusing on the significant delays in the FIR and post-mortem processes, which raised substantial doubts about the credibility of the prosecution's claims. The judgment highlights the importance of presenting reliable evidence in criminal cases, underscoring that even a single doubt can result in an acquittal. This case serves as a critical reference point for legal practitioners, emphasizing the necessity for timely and accurate reporting of crimes to ensure justice. It also reiterates the principle that the burden of proof lies with the prosecution and that any inconsistencies in witness testimonies can undermine the case against the accused. The appeal was allowed, reaffirming the legal right of the accused to benefit from reasonable doubt. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Mohammad Karim Khan Agha,
Zulfiqar Ali Sangi
|
| Lawyers |
Habibullah G. Ghouri,
Ali Anwar Kandhro,
Abdul Rehman Bhutto
|
| Petitioners |
SADIQUE SABZOI
|
| Respondents |
The STATE
|
| Citations |
2023 SLD 956,
2023 YLR 987
|
| Other Citations |
Mir Hassan v. The State 2020 YLR 2514,
Sufyan Nawaz and another v. The State and others 2020 SCMR 192,
Mushtaq Ahmed alias Mustafa v. The State 2011 YLR 303,
Munir Ahmed and another v. The State and others 2019 SCMR 79,
Naseer Ahmed v. The State and others 2020 YLR 488,
Kashif Ali and another v. The State 2019 YLR 1573,
Tariq Pervez v. The State 1995 SCMR 1345
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
457,
460,
395,
337-A(i),
337-F(i),
337-H(ii),
148,
149
|