| Case ID |
151351ca-a3f5-4a07-963f-2918f6e021c7 |
| Body |
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| Case Number |
Criminal Appeal No. 393 of 2015 |
| Decision Date |
Jan 09, 2018 |
| Hearing Date |
Jan 09, 2018 |
| Decision |
The Supreme Court of Pakistan ruled in favor of the appellant, G.M. Niaz, acquitting him of the murder charge under Section 302(b) of the Penal Code. The court found that the prosecution failed to establish the case against the accused beyond a reasonable doubt. Key elements contributing to this decision included the lack of credible eyewitness testimony, the delayed filing of the First Information Report (FIR), and inconsistencies in the evidence presented. The appellant's conviction was set aside, and he was released from custody unless required in connection with other cases. |
| Summary |
In the case of Criminal Appeal No. 393 of 2015, the Supreme Court of Pakistan addressed a murder conviction under Section 302(b) of the Penal Code. G.M. Niaz, the appellant, was convicted of killing Zahid Iqbal at a tea stall, but the evidence presented was found insufficient to uphold the conviction. The court highlighted the absence of the tea stall staff as witnesses and the questionable credibility of the eyewitnesses, who were closely related to the deceased. Additionally, the delay in filing the FIR and the lack of blood-stained evidence further undermined the prosecution's case. Ultimately, the court granted the benefit of the doubt to the appellant, emphasizing the principle that a defendant must be proven guilty beyond a reasonable doubt. This case underscores the critical importance of reliable evidence in criminal proceedings, particularly in serious charges like murder. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASIF SAEED KHAN KHOSA,
DOST MUHAMMAD KHAN,
MAZHAR ALAM KHAN MIANKHEL
|
| Lawyers |
Hasnat Ahmed Khan,
Muhammad Jaffar
|
| Petitioners |
G. M. Niaz
|
| Respondents |
THE STATE
|
| Citations |
2018 SLD 310,
2018 SCMR 506
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|