| Case ID |
0ba4d6e6-c6c7-44b3-905b-ed2f7996026d |
| Body |
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| Case Number |
Criminal Jail Appeal No. S-39 of 2008 |
| Decision Date |
May 24, 2013 |
| Hearing Date |
May 24, 2013 |
| Decision |
The appellant's appeal against the conviction was accepted, leading to the annulment of the lower court's judgment. The court found that the medical and ocular accounts conflicted, raising reasonable doubt about the prosecution's case. The complainant did not hold the appellant responsible during cross-examination, further weakening the prosecution's case. The court emphasized the importance of corroborative evidence in cases relying on dying declarations. Given these circumstances, the appellant was entitled to the benefit of doubt. |
| Summary |
This case revolves around the principles of criminal law, particularly regarding the evidentiary value of dying declarations and the standard of proof required for conviction. The Sindh High Court reviewed a criminal appeal concerning the conviction of the appellant under section 302(b) of the Penal Code for murder. The court highlighted that the medical evidence was inconsistent with eyewitness accounts, which cast doubt on the prosecution's narrative. The complainant's testimony during cross-examination exonerated the accused, further complicating the prosecution's case. The judgment emphasized that a dying declaration, while admissible, must be corroborated by reliable evidence to ensure justice. The court ultimately ruled in favor of the appellant, underscoring the legal principle that any reasonable doubt must benefit the accused. This case serves as a significant reference for future cases involving similar issues of evidence and criminal liability. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
RIAZAT ALI SAHAR, JUSTICE,
SHAHBAN BHERI
|
| Lawyers |
Manzoor Ahmed Junejo,
Ubedullah Ghoto,
Zulfiqar Ali Jatoi, Deputy Prosecutor General
|
| Petitioners |
|
| Respondents |
THE STATE
|
| Citations |
2014 SLD 461 = 2014 MLD 663
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
302(b),
46
|