| Case ID |
14be62a2-d4ce-4ace-b31d-8b904d16440a |
| Body |
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| Case Number |
Criminal Acquittal Appeal No. 167 of 1975 |
| Decision Date |
Dec 11, 1978 |
| Hearing Date |
|
| Decision |
The appeal was accepted by the Sindh High Court, which set aside the judgment of acquittal of the accused Abdullah and Mohammad Hassan for offences under sections 32/34 and 324 of the Pakistan Penal Code. Each accused was sentenced to two years of imprisonment and a fine of Rs. 1,000, with an additional six months of imprisonment in default of payment. The fine, if collected, was to be paid as compensation to the injured complainant, Ghulam Abbas. The court found that the trial court's reasons for acquittal were speculative and unfounded, particularly in light of the clear evidence provided by the complainant and eyewitnesses regarding the assault. The court emphasized the importance of the presumption of innocence and the need for a cautious approach in acquittal appeals. |
| Summary |
This case revolves around the acquittal appeal by the State against Abdullah and Mohammad Hassan, who were accused of assaulting Ghulam Abbas in a village dispute. The Sindh High Court, upon reviewing the evidences, found the trial court's acquittal unjustified. The court emphasized the credibility of eyewitnesses and the significance of the motive behind the attack, which stemmed from personal animosity related to allegations of illicit intimacy. The decision reinforced the legal principles governing acquittal appeals, highlighting the necessity of thorough evidence evaluation and the presumption of innocence. Keywords: High Court, Criminal Law, Acquittal Appeal, Evidence, Personal Dispute, Assault, Pakistan Penal Code. |
| Court |
Sindh High Court
|
| Entities Involved |
Ghulam Abbas,
Wadero Ghulam Sarwar,
Dr. Wahid Bux
|
| Judges |
ABDUL HAQEE KURESHI,
SAJJAD ALI SHAH
|
| Lawyers |
Not available
|
| Petitioners |
The State
|
| Respondents |
Abdullah,
Mohammad Hassan
|
| Citations |
1979 SLD 1550,
1979 PCRLJ 891
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
32/34,
324
|