| Case ID |
1058e5cf-7ac0-4de2-93ef-59a458a94adb |
| Body |
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| Case Number |
Criminal Appeals Nos. K-24 and K-25 of 1963 |
| Decision Date |
Aug 26, 1972 |
| Hearing Date |
Aug 23, 1972 |
| Decision |
The Supreme Court of Pakistan allowed the appeals of Sohbat Khan and others, setting aside the convictions and death sentence imposed by the Additional Sessions Judge. The court found that the evidence against the respondents was insufficient to establish their guilt beyond reasonable doubt. The High Court's decision to acquit the accused was upheld, emphasizing that the judicial and extra-judicial confessions were not credible due to the circumstances under which they were made. The court ruled that the prosecution failed to provide reliable evidence to substantiate the charges of murder and dacoity, leading to the conclusion that the respondents were wrongfully convicted. |
| Summary |
In the case of Criminal Appeals Nos. K-24 and K-25 of 1963, the Supreme Court of Pakistan reviewed the appeals concerning the convictions of Sohbat Khan and others for the murder of Mrs. Rafia Pirzada and the assault on Mr. Sharifuddin Pirzada. The court examined the credibility of confessions made by the accused, the evidence provided by witnesses, and the circumstances surrounding the case. The court concluded that the prosecution did not meet the burden of proof required for a conviction. The decision highlighted the importance of reliable evidence in criminal proceedings and underscored the necessity to ensure that confessions are made voluntarily and without coercion. Ultimately, the court set aside the previous convictions, allowing the accused to be acquitted. This case serves as a critical reference point in discussions about the standards of evidence and the rights of defendants in criminal law, making it a significant legal precedent in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
WAHEEDUDDIN AHMAD,
SALAHUDDIN AHMED
|
| Lawyers |
Saeed A. Sheikh,
Haider Ali Pirzada,
Abdul Wahab Khan,
Murtaza Hussain,
Yousaf Rafi,
S. M. Hanif
|
| Petitioners |
THE STATE,
Syed SHARIFUDDIN PIRZADA
|
| Respondents |
Abdul Ghafoor,
SOHBAT KHAN,
Alauddin
|
| Citations |
1972 SLD 42,
1972 PLD 363
|
| Other Citations |
1968 SCMR 1182,
P L D 1954 Lah. 783
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
164,
337,
302
|