| Case ID |
0ad8b0be-8cf1-4b1e-ad33-b4066da4a813 |
| Body |
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| Case Number |
Criminal Appeal No. 150 and Criminal Revision No. |
| Decision Date |
Mar 26, 2002 |
| Hearing Date |
Feb 26, 2002 |
| Decision |
The appeal was accepted, and the appellant was acquitted of the murder charge due to the prosecution's failure to prove the case beyond a reasonable doubt. The court found significant issues with the credibility of the witnesses, delays in recording their statements, and contradictions between witness accounts and medical evidence. The prosecution was deemed to have suppressed material facts, which adversely affected its case, leading to the conclusion that the evidence was insufficient to convict the accused. |
| Summary |
In the case of Qadir Bakhsh vs. The State, the Balochistan High Court reviewed a criminal appeal concerning a murder conviction under section 302 of the Penal Code. The court highlighted significant concerns regarding the prosecution's case, including delays in witness testimony, lack of corroborative evidence, and inconsistencies with medical reports. The trial court's reliance on testimonies from interested witnesses was scrutinized, as their statements were recorded long after the incident without satisfactory explanations. The court emphasized that unexplained delays in witness statements can lead to adverse inferences against the prosecution. Ultimately, due to these substantial doubts about the reliability of the evidence presented, the appellant was acquitted, showcasing the importance of due process and the burden of proof in criminal cases. This case underscores the fundamental principle that a defendant is presumed innocent until proven guilty beyond a reasonable doubt, a cornerstone of criminal law that maintains the integrity of the judicial system. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
AMAN UL ALLAH KHAN, JUSTICE,
AHMED KHAN LASHARI, JUSTICE
|
| Lawyers |
Kamran Murtaza,
Ghulam Mustafa Mengal
|
| Petitioners |
QADIR BAKHSH
|
| Respondents |
THE State
|
| Citations |
2002 SLD 3140,
2002 PLD 97
|
| Other Citations |
Asfandyar Wali v. The State PLD 1978 Pesh.38,
Abdul Khaliq v. The State 1996 SCMR 1553,
Saeed Muhammad Shah v. The State 1993 SCMR 550,
Amir Zaman v. Mehboob and others 1985 SCMR 685,
Haji Bakhsh v. The State PLD 1963 Kar. 805,
Qaim Din and others v. The State 1971 PCr.LJ 229,
Fazla and another v. State PLJ 1960 Lah. 373,
Muhammad Anwar v. The State 1999 SCMR 729,
Ahmed Yar and others v. The State 1998 SCMR 715
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302/34,
303/34,
161
|