| Case ID |
0bb33009-5cfd-4278-a3c5-faea03dc6856 |
| Body |
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| Case Number |
Cr. A. No. 377-P of 2011 |
| Decision Date |
Apr 10, 2014 |
| Hearing Date |
Apr 10, 2014 |
| Decision |
The appeal of the accused was accepted, leading to their acquittal of all charges. The court found that the prosecution failed to prove the guilt of the accused beyond reasonable doubt, highlighting contradictions in witness testimonies and a lack of corroborative evidence. The judges emphasized that reasonable doubt must benefit the accused as a matter of right, not grace. The court also noted that mere abscondence does not equate to guilt and that the prosecution must establish a clear case against the accused. The decision underscores the principle that it is preferable for ten guilty individuals to be acquitted than for one innocent person to be wrongfully convicted. |
| Summary |
In the case of Muhammad Yousaf and Muhammad Bashir versus The State, the Peshawar High Court addressed serious concerns regarding the prosecution's ability to establish guilt beyond reasonable doubt. The case stemmed from a murder charge under section 302(b) of the Penal Code, where the appellants were accused of killing Ali Aman during a wedding ceremony. Key issues included delays in filing the FIR, contradictions in witness statements, and a lack of medical evidence supporting the claims. The court underscored the importance of corroborative evidence, particularly from eyewitnesses, and ruled that the prosecution's failure to provide a coherent narrative led to the acquittal of the accused. The judgment serves as a critical reference for future cases concerning the burden of proof in criminal trials, emphasizing that justice must prevail and that the rights of the accused must be protected. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ASSADULLAH KHAN CHAMMKANI,
SYED AFSAR SHAH
|
| Lawyers |
Ishtiaq Ibrahim,
Mujahid Ali Khan
|
| Petitioners |
MUHAMMAD YOUSAF,
MUHAMMAD BASHIR
|
| Respondents |
THE STATE
|
| Citations |
2016 SLD 2672,
2016 PCRLJ 373
|
| Other Citations |
Tariq Pervaz v. The State 1995 SCMR 1345,
Muhammad Akram v. The State 2009 SCMR 230,
Rohtas Khan v. The State 2010 SCMR 566,
Rahimullah Jan v. Kashif and another PLD 2008 SC 298
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
302(b),
512,
129(g)
|