| Case ID |
0ffa19cf-53a5-4b3d-8047-c5957166399d |
| Body |
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| Case Number |
Criminal Jail Appeal No. D-33 of 2015 |
| Decision Date |
Dec 05, 2017 |
| Hearing Date |
Dec 05, 2017 |
| Decision |
The Sindh High Court allowed the appeal and acquitted the accused, setting aside the conviction and sentence recorded by the trial court. The court found that the prosecution had failed to prove the guilt of the accused beyond a reasonable doubt due to the lack of credible evidence, contradictions in witness testimonies, and the absence of key witnesses. The judgment emphasized the principle that any doubt in a prosecution case must be resolved in favor of the accused, leading to the conclusion that the accused deserved the benefit of doubt. |
| Summary |
In the case of Criminal Jail Appeal No. D-33 of 2015, the Sindh High Court delivered a significant judgment on December 5, 2017, regarding the acquittal of the accused, Akbar, and his co-accused. The case revolved around serious charges under the Pakistan Penal Code and the Anti Terrorism Act, including kidnapping, attempted murder, and rioting. The prosecution's case was weakened by the non-examination of key witnesses, including the alleged abductee and the injured party. The court found that the prosecution had not produced compelling evidence to support its claims, leading to a ruling in favor of the accused. This judgment reaffirms the legal principle that an accused is entitled to the benefit of doubt, especially when the prosecution's case is riddled with inconsistencies. The case highlights the importance of credible evidence in criminal proceedings and serves as a reminder of the rights of the accused within the legal system. The ruling is pivotal in reinforcing standards for criminal convictions, ensuring that only those proven guilty beyond reasonable doubt face punishment. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ZAFAR AHMED RAJPUT,
KHADIM HUSSAIN TUNIO
|
| Lawyers |
Safdar Ali Ghouri,
Sardar Ali Shah
|
| Petitioners |
Safdar Ali Ghouri
|
| Respondents |
D.P.G.,
Sardar Ali Shah
|
| Citations |
2019 SLD 886,
2019 MLD 491
|
| Other Citations |
2008 SCMR 1572,
1997 SCMR 25,
1999 SCMR 1030,
1995 SCMR 599,
1993 SCMR 550,
2001 SCMR 420,
1996 SCMR 167,
PLD 2006 Kar. 206,
2017 SCMR 622
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898),
Anti Terrorism Act, 1997
|
| Sections |
148,
149,
324,
353,
365A,
342,
7,
7(e)(h)
|