| Case ID |
0a6e7547-0cbf-4a70-9284-8f0e62bc5de6 |
| Body |
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| Case Number |
Criminal Acquittal Appeal No. 26 of 2020 |
| Decision Date |
Dec 17, 2020 |
| Hearing Date |
Dec 17, 2020 |
| Decision |
The Sindh High Court dismissed the appeal against the acquittal of Syed Safdar Abbas Zaidi, concluding that the prosecution failed to prove its case beyond a reasonable doubt. The appellant, Muhammad Hanif, had alleged that the respondent killed his son in a robbery attempt. However, the court found that the respondent acted in self-defense, as he was shot at first and only returned fire to protect himself and his children. The court highlighted the lack of motive and the prompt actions taken by the respondent following the incident, including calling for police and medical assistance. The evidence presented did not substantiate the prosecution's claims, leading the court to uphold the acquittal. |
| Summary |
In the case of Muhammad Hanif vs. Syed Safdar Abbas Zaidi, the Sindh High Court addressed a criminal acquittal appeal regarding the alleged murder of Muhammad Hanif's son. The court examined the circumstances surrounding the incident, where it was claimed that the respondent shot the deceased during a robbery attempt. Key evidence indicated that the deceased had attempted to rob the respondent at gunpoint, and the respondent acted in self-defense. The court emphasized the principles of self-defense under the Penal Code, noting that the respondent had no prior enmity with the deceased and acted out of an immediate threat to his life and the safety of his children. The appeal was dismissed, reinforcing the presumption of innocence for the acquitted party, and establishing a critical precedent regarding the interpretation of self-defense in criminal law. This case underscores the importance of evidentiary standards in criminal proceedings and the judicial system's commitment to safeguarding individual rights against wrongful accusations. Keywords: self-defense, criminal acquittal, legal precedent, Sindh High Court, Penal Code. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Mohammed Karim Khan Agha,
Amjad Ali Sahito
|
| Lawyers |
Muhammad Hanif Qureshi,
Ali Haider Saleem, D.P.G.
|
| Petitioners |
MUHAMMAD HANIF
|
| Respondents |
Syed SAFDAR ABBAS ZAIDI
|
| Citations |
2023 SLD 947,
2023 MLD 801
|
| Other Citations |
The State v. Abdul Khaliq and others PLD 2011 SC 554
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
417
|