| Case ID |
0ac0a156-1b8e-476d-85f0-eb1fc582ce67 |
| Body |
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| Case Number |
Cr. A. No.36 of 2023 and Cr.P. No.5-Q of 2021 |
| Decision Date |
May 23, 2024 |
| Hearing Date |
May 23, 2024 |
| Decision |
The appeal was allowed, and the judgments passed by both the Trial Court and the High Court were set aside. The appellant, Khial Muhammad, was acquitted of the charges against him due to failures in the prosecution's case. The delays in lodging the FIR and the recording of witness statements raised substantial doubts about the credibility of the prosecution's evidence. The court emphasized the principle that any reasonable doubt must be resolved in favor of the accused, leading to the conclusion that the prosecution failed to prove its case beyond a reasonable doubt. |
| Summary |
In this significant ruling by the Supreme Court of Pakistan, the court addressed critical issues surrounding the evidentiary standards in criminal law, particularly in murder cases under Section 302(b) of the Penal Code. The case involved the appellant Khial Muhammad, who was acquitted of murder charges due to substantial delays in the police investigation and the lodging of the FIR. The court highlighted that the prosecution's failure to provide plausible explanations for these delays indicated dishonesty, undermining the integrity of the evidence presented. Key legal principles were reaffirmed, including the necessity for the prosecution to establish its case beyond reasonable doubt, and the right of the accused to benefit from any doubt arising in the prosecution's case. The judgment serves as a crucial reference for future cases, reinforcing the importance of timely and credible evidence in securing convictions and the overarching principle of justice in criminal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Jamal Khan Mandokhail,
Syed Hasan Azhar Rizvi,
Naeem Akhtar Afghan
|
| Lawyers |
Kamran Murtaza,
Syed Pervez Bukhari
|
| Petitioners |
KHIAL MUHAMMAD
|
| Respondents |
The STATE
|
| Citations |
2024 SLD 3865,
2024 SCMR 1490
|
| Other Citations |
Amir Muhammad Khan v. The State 2023 SCMR 566,
Muhammad Khan v. Maula Baksh and another 1998 SCMR 570,
Mst. Asia Bibi v. The State PLD 2019 SC 64,
Tariq Pervez v. The State 1995 SCMR 1345,
Ayub Masih v. The State PLD 2002 SC 1048,
Abdul Jabbar v. State 2019 SCMR 129
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|