| Case ID |
090014d8-4a55-4cd8-9b0e-dae89a3c3f84 |
| Body |
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| Case Number |
Criminal Appeal No.5 of 1997 |
| Decision Date |
May 02, 2001 |
| Hearing Date |
Apr 03, 2001 |
| Decision |
The Peshawar High Court acquitted Abdur Rehman and co-accused, finding that the prosecution failed to prove the case beyond a reasonable doubt. The court emphasized the importance of corroboration for the testimony of hostile witnesses and noted inconsistencies between the witness statements and medical evidence. The decision underscored that an acquittal generally stands firm unless there is clear evidence of miscarriage of justice, which was not established in this case. The court also directed the return of the Diyat amount to the appellant. |
| Summary |
In the case of Criminal Appeal No.5 of 1997, the Peshawar High Court addressed serious allegations against Abdur Rehman and his co-accused regarding the murder of Muhammad Ayub. The court's detailed examination revealed significant issues with the prosecution's evidence, particularly regarding the testimony of hostile witnesses. It was noted that the witness, Gul Baz Akhtar, retracted his statements during cross-examination, indicating that he had not seen the accused commit the alleged crime. Additionally, the medical evidence presented did not support the prosecution's claims of a violent altercation leading to death. The court highlighted the necessity of independent corroboration for testimonies that are inconsistent or contradictory. Ultimately, the court concluded that the prosecution had not met its burden of proof, leading to the acquittal of the accused. This case serves as a critical reminder of the legal principles surrounding the evaluation of evidence and the rights of defendants in criminal proceedings, emphasizing the doctrine of 'benefit of doubt'. Keywords such as 'criminal appeal', 'murder acquittal', 'hostile witness testimony', and 'Peshawar High Court decision' are essential for understanding the implications of this ruling. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Nasirul Mulk,
Ijaz-ul-Hassan
|
| Lawyers |
Haji Muhammad Iqbal,
Muhammad Ayub Khan,
Miss Raheela Moghal,
Samiullah Khan
|
| Petitioners |
Abdur Rehman
|
| Respondents |
The State
|
| Citations |
2002 SLD 907,
2002 PCRLJ 359
|
| Other Citations |
The State v. Abdul Ghaffar 1996 SCMR 678,
Muhammad Sadiq v. The State 1997 SCMR 611,
Khawand Bux and 3 others v. The State 1997 PCr.LJ 280,
Muhammad Riaz and 3 others v. The State PLD 1994 Pesh. 102,
Sharafat Ali v. The State 1999 SCMR 329,
Muhammad Mehdi v. The State 2000 SCMR 222,
Qaid-e-Azam v. The State 2000 PCr.LJ 216,
1995 SCMR 1345
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
316,
417,
417(2-A)
|