| Case ID |
14fc1a6a-e995-49f4-9aef-b3ab58e6c415 |
| Body |
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| Case Number |
Jail Criminal Appeals Nos. 33/L and 52/L of 1994 |
| Decision Date |
Apr 05, 1994 |
| Hearing Date |
|
| Decision |
The Federal Shariat Court reviewed the case involving the acquittal of the accused due to insufficient evidence linking them to the crime. The court highlighted the lack of direct identification by eyewitnesses, as the names or features of the accused were not present in the FIR. The court also noted that the identification parades conducted were questionable, raising doubts about the reliability of the witnesses. Given the circumstances and the benefit of doubt, the court set aside the convictions and acquitted the accused. |
| Summary |
In the case of Jail Criminal Appeals Nos. 33/L and 52/L of 1994, the Federal Shariat Court addressed serious concerns regarding the adequacy of evidence against the accused, MUHAMMAD RAFIQUE and another, who were charged under the Penal Code and the Offences Against Property Ordinance. The incident involved the murder of Muhammad Asghar during a robbery in January 1991. Eyewitness accounts were pivotal, yet they lacked clarity and reliability, as the witnesses had not previously known the assailants. The prosecution failed to establish a direct link between the recovered weapon and the crime scene, leading the court to question the integrity of the identification parades. As a result, the court extended the benefit of doubt to the accused, ultimately acquitting them. This case underscores the importance of credible evidence and the standards required for a conviction in criminal proceedings. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
MIR HAZAR KHAN KHOSO, CJ,
NAZIR AHMAD BHATTI, J
|
| Lawyers |
Not available
|
| Petitioners |
,
MUHAMMAD RAFIQUE
|
| Respondents |
THE STATE
|
| Citations |
1994 SLD 1064,
1994 PLD 43
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979)
|
| Sections |
302/34,
20
|