| Case ID |
0fff1da4-b191-428e-b3da-a5c9b5b003fc |
| Body |
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| Case Number |
Criminal Appeal No. 15 of 2013 |
| Decision Date |
Apr 04, 2016 |
| Hearing Date |
Apr 04, 2016 |
| Decision |
The Peshawar High Court acquitted the accused persons, Muhammad Wali Shah and Assadullah, of the charges under sections 302, 324, 337-F(i), and 34 of the Pakistan Penal Code. The court found that the prosecution failed to prove its case beyond a reasonable doubt, citing numerous inconsistencies in witness testimonies and a lack of credible evidence to support the claims against the accused. The court emphasized the principle that any reasonable doubt arising from the prosecution's evidence must be resolved in favor of the accused. The decision highlighted the importance of reliable ocular evidence and the necessity for the prosecution to substantiate its claims with concrete proof. |
| Summary |
This case revolves around a criminal appeal concerning a murder conviction that was overturned by the Peshawar High Court on April 4, 2016. The appellants, Muhammad Wali Shah and Assadullah, were initially sentenced for their involvement in a fatal altercation over a water dispute that resulted in the death of Sardar Muhammad Khan. The court meticulously analyzed the evidentiary shortcomings, including unreliable eyewitness accounts and the absence of definitive forensic evidence linking the accused to the crime. The details of the prosecution's failures underscored a critical examination of the evidence and the legal standards required for a conviction. The judgment reiterated the principle of 'benefit of the doubt' in criminal proceedings, reinforcing the notion that the prosecution bears the burden of proof. The case serves as a significant reference in criminal law regarding the handling of eyewitness testimony and the necessity for corroborative evidence to secure a conviction. Legal practitioners can draw valuable insights from this decision in future cases involving similar circumstances. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Justice Muhammad Younis Thaheem,
Justice Lal Jan Khattak
|
| Lawyers |
Not available
|
| Petitioners |
Amir Gulab Khan
|
| Respondents |
A.A.G.,
Naeem-ud-Din,
Sabir Shah
|
| Citations |
2017 SLD 2660,
2017 PCRLJ 779
|
| Other Citations |
Farman Ahmed v. Muhammad Inayat and others 2007 SCMR 1825,
Mohammad Akram v. The State 2009 SCMR 230,
Tariq Pervez v. The State 1995 SCMR 1345,
Mohammad Luqman v. The State PLD 1970 SC 10,
Muhammad Khan and another v. The State 1999 SCMR 1220
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
34,
302,
324,
337-F(i)
|