| Case ID |
11b06755-e05c-44bf-8729-8f7466ab418e |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No.411 of 2004 |
| Decision Date |
Jun 20, 2008 |
| Hearing Date |
Jun 20, 2008 |
| Decision |
The Islamabad High Court set aside the conviction of Aurangzaib under section 302(b)/34, P.P.C., due to misreading and non-reading of evidence. The prosecution failed to provide sufficient evidence to connect the accused with the crime, leading to his acquittal. The court emphasized that any reasonable doubt regarding the involvement of an accused should lead to acquittal, reinforcing the principle that no innocent person should be punished for a crime they did not commit. The judgment also pointed out inconsistencies in witness statements and a lack of physical evidence linking the accused to the crime scene. |
| Summary |
In the case of Aurangzaib versus The State, the Islamabad High Court addressed significant issues surrounding the evidence presented against the appellant, Aurangzaib, who was accused of murder under the Penal Code (XLV of 1860), section 302(b)/34. The court highlighted the importance of credible evidence in criminal proceedings, emphasizing that the prosecution must prove guilt beyond a reasonable doubt. The judgment underscored the principle that doubts in the prosecution's case should favor the accused, leading to his acquittal. Key factors included inconsistencies in witness testimonies, the absence of recovered crime scene evidence, and the failure of law enforcement to adequately pursue the appellant during the investigation period. The court's decision reinforces the fundamental tenet of criminal justice that protects the rights of the innocent while holding the guilty accountable. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
Raja Saeed Akram Khan, J
|
| Lawyers |
Munir Ellahi Qureshi,
Ch. Zahoor Hussain,
Malik Ishtiaq Ahmed
|
| Petitioners |
Aurangzaib
|
| Respondents |
THE STATE
|
| Citations |
2009 SLD 3374,
2009 PCRLJ 612
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)/34
|