| Case ID |
0b21cec0-57d7-4cde-8dd8-d3c9a29a6786 |
| Body |
View case body. Login to View |
| Case Number |
Cr. Appeal No.24 of 1992 |
| Decision Date |
Aug 26, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal of Ashiq Hussain, who was convicted for the murder of Muhammad Sadiq. The court found that the prosecution failed to prove the case beyond reasonable doubt. Key issues included inconsistencies in witness testimonies and the reliability of the evidence presented. The court noted that the burden of proof lies with the prosecution, which did not adequately establish the guilt of the accused. Consequently, the conviction was overturned, and Ashiq Hussain was acquitted on the basis of benefiting from the doubt in the prosecution's case. |
| Summary |
This case revolves around the appeal of Ashiq Hussain against his conviction for the murder of Muhammad Sadiq. The Supreme Court scrutinized the evidence presented during the trial, highlighting the inconsistencies between ocular evidence and medical reports. The court emphasized the prosecution's responsibility to prove its case beyond reasonable doubt, which was not achieved in this instance. The appeal was based on the argument that the eyewitnesses were unreliable and that crucial evidence was lacking. The acquittal of co-accused on similar grounds further supported the decision to favor Ashiq Hussain. The case underscores critical legal principles such as the burden of proof, the importance of corroborative evidence, and the rights of the accused in criminal proceedings. This decision sets a significant precedent in the interpretation of evidentiary standards in criminal law, providing guidance for future cases involving similar circumstances. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
SHAFIUR RAHMAN,
SAAD SAOOD JAN,
ABDUL QADEER CHAUDHRY,
SAJJAD ALI SHAH
|
| Lawyers |
Not available
|
| Petitioners |
Ashiq Hussain
|
| Respondents |
The State
|
| Citations |
1993 SLD 574,
1993 SCMR 417
|
| Other Citations |
Abdul Rehman v. The State 1983 SCMR 958,
Ali Sher v. State PLD 1980 SC 317,
Khalid Javid v. State 1984 PCr.LJ 100
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302
|