| Case ID |
14f63994-64c9-4b84-ada4-96e7242d58c9 |
| Body |
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| Case Number |
Cr. Appeal No. (S)73 of 2017 |
| Decision Date |
Mar 19, 2020 |
| Hearing Date |
Feb 27, 2020 |
| Decision |
The High Court set aside the conviction and sentence awarded to the accused by the Trial Court, leading to the acquittal of Nabi Bakhsh of the charges against him. The decision emphasized the need for the prosecution to prove guilt beyond reasonable doubt and noted that the trial court's reliance solely on the accused's statement under Section 342 of the Criminal Procedure Code was insufficient. The High Court found that the evidence presented did not adequately support the charges of rash and negligent driving that resulted in fatalities and injuries. The appeal was allowed, and the judgment of the trial court was overturned. |
| Summary |
In the case of Nabi Bakhsh vs. The State, the Balochistan High Court reviewed the conviction of the appellant for causing an accident that resulted in multiple deaths and injuries. The incident occurred on January 6, 2016, when the appellant was alleged to have driven a vehicle in a rash and negligent manner. The trial court had convicted him under various sections of the Penal Code, leading to significant financial penalties and imprisonment. However, upon appeal, the High Court found that the trial court had failed to provide a thorough examination of the prosecution's evidence and relied too heavily on the accused's statement without corroborating evidence. The High Court underscored the importance of proving the charge of rash and negligent driving, indicating that mere high-speed driving does not constitute negligence without further evidence of the driving conditions. The appeal was ultimately allowed, resulting in the acquittal of the appellant. This case highlights critical aspects of legal standards in establishing negligence and the burden of proof in criminal cases. |
| Court |
Balochistan High Court, Sibi Bench
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED BALOCH, JUSTICE
|
| Lawyers |
Inayatullah Marghazani for Appellant,
Jamil Akhtar, Additional Prosecutor General for the State
|
| Petitioners |
NABI BAKHSH
|
| Respondents |
THE STATE
|
| Citations |
2020 SLD 1879,
2020 MLD 1580
|
| Other Citations |
Hashim Qasim v. The State 2017 SCMR 986,
Wajahat Ahmed v. The State 2016 SCMR 2073,
Yasir Arafat v. The State 2012 MLD 611
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
320,
337-A(i),
337-A(ii),
337-A(iii),
337-F,
337-G,
279,
342,
117,
120
|