| Case ID |
10c6e489-5e46-4f6b-89ce-eaa8689d4d6f |
| Body |
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| Case Number |
Criminal Appeal No. S-222 of 2012 |
| Decision Date |
Feb 28, 2014 |
| Hearing Date |
Feb 03, 2014 |
| Decision |
The appeal was accepted, and the impugned judgment dated 17-7-2012 passed by the Additional Sessions Judge, Umerkot was set aside. The accused were acquitted from the charges under sections 395, 337-H(2), and 506(2) of the Pakistan Penal Code, as the prosecution failed to establish the case beyond reasonable doubt. The court highlighted that the FIR was lodged after a significant delay without plausible explanation, and the evidence presented was insufficient to substantiate the prosecution's allegations. As such, the accused were directed to be released if not required in any other case. |
| Summary |
In the case of Khuda Bux and others vs. The State, the Sindh High Court addressed allegations of dacoity involving multiple accused and a complainant. The court found that the prosecution's case was riddled with inconsistencies, including a delay in filing the FIR which was not adequately explained. The court emphasized the political rivalry between the parties and noted that the evidence was not credible enough to support the charges. The judgment reflects the importance of thorough investigations and the need for reliable evidence in criminal proceedings. Keywords: Sindh High Court, Dacoity, Pakistan Penal Code, Criminal Appeal, Political Rivalry, FIR Delay, Acquittal. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHNAWAZ TARIQ, J
|
| Lawyers |
Abdul Majeeb Pirzada for Appellants,
Syed Madad Ali Shah for the Complainant,
Shahid Ahmed Shaikh Asstt. P.G. for Respondent
|
| Petitioners |
KHUDA BUX,
Muhammad Hanif,
Muhammad Ibrahim,
Khan Muhammad,
Sanwal,
Rajab Ali,
Saleh
|
| Respondents |
The STATE
|
| Citations |
2015 SLD 729,
2015 YLR 836
|
| Other Citations |
Mehmood Ahmad v. State 1995 SCMR 127,
Khizar Hayat v. State 2009 MLD 325,
Muhammad Luqman v. State 2011 PCr.LJ 361,
Misri v. State 2012 PCr.LJ 1218,
Abdul Ghafoor v. State 2013 PCr.LJ 1185,
Bijar Khan v. State 2011 PCr.LJ 170
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
395,
337-H(2),
506(2)
|