| Case ID |
0faa5b2a-3cbf-47f9-8c35-0f956020ab63 |
| Body |
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| Case Number |
Criminal Appeal No. 99 of 2017 |
| Decision Date |
Dec 19, 2018 |
| Hearing Date |
Oct 26, 2018 |
| Decision |
The appeal by Allah Ditta was partly allowed. The conviction and sentence under section 376 P.P.C. was set aside due to lack of evidence, while the conviction under section 302(b) P.P.C. was upheld. The accused was sentenced to life imprisonment with a fine of Rs. 200,000, and in default, to further undergo simple imprisonment for six months. The court emphasized that the medical evidence confirmed death by multiple injuries, and the confessional statement was found to be voluntary and corroborated by other evidence. |
| Summary |
In the case of Allah Ditta alias Dittu v. The State and Another, the Islamabad High Court addressed serious charges of murder and sexual assault involving a minor victim. The court examined the evidence presented, including witness testimonies and medical reports, which indicated that the victim had died from multiple injuries. The court found inconsistencies in witness statements, particularly regarding the identification of the accused. Despite the lack of conclusive evidence for the charge of rape, the court upheld the conviction for murder, highlighting the importance of due process and the rights of juvenile offenders under the Juvenile Justice System Ordinance. This case underscores the complexities involved in legal proceedings concerning serious crimes against minors, the necessity of credible evidence, and the legal protections afforded to juveniles in the justice system. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
Mohsin Akhtar Kayani
|
| Lawyers |
Not available
|
| Petitioners |
Mian Asad Hayat Awan
|
| Respondents |
Sadaqat Ali Jahangir
|
| Citations |
2019 SLD 1945,
2019 PCRLJ 1316
|
| Other Citations |
Hashim Qasim v. The State 2017 SCMR 986,
Muhammad Ismail v. The State 2017 SCMR 713,
Azeem Khan v. Mujahid Khan 2016 SCMR 274,
Muhammad Talha Hussain v. The State PLD 2008 SC 115,
Nazir alias Wazir v. The State PLD 2007 SC 202,
Allah Ditta and others v. The State and others 2017 PCr.LJ 789,
Tanveer Ahmad v. The State and others 2016 MLD 1219,
Mst. Zohra Bibi v. The State and others 2013 PCr.LJ 772,
Faisal Saleem v. The State PLD 2010 SC 1080,
Muhammad Aslam and others v. The State and others PLD 2009 SC 777,
Qamar Hussain Shah v. The State PLD 2006 Kar. 331,
Asghar Khan v. The State 2012 PCr.LJ 142,
Rehmatullah v. The State 2015 PCr.LJ 1163
|
| Laws Involved |
Pakistan Penal Code, 1860,
Juvenile Justice System Ordinance, 2000,
Criminal Procedure Code (V of 1898)
|
| Sections |
34,
201,
302(b),
376,
2(b),
4,
161,
164,
173,
342
|