| Case ID |
15297845-4b8a-4289-b455-13713bb9a33b |
| Body |
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| Case Number |
Criminal Jail Appeal No.S-315 of 2019 |
| Decision Date |
Nov 14, 2022 |
| Hearing Date |
Nov 14, 2022 |
| Decision |
The appeal against the conviction of Arbab Ali Shar was allowed. The trial court's judgment was set aside due to the failure to appreciate evidence according to sound judicial principles. The prosecution's story was deemed unnatural and unbelievable, particularly regarding the presence and testimony of police officials at the scene of the crime. The lack of independent corroboration for the appellant's conviction, especially when co-accused were acquitted on the same evidence, led to the conclusion that the evidence presented was insufficient to uphold the conviction. The principle of the benefit of doubt was applied, emphasizing that a single circumstance creating reasonable doubt is sufficient to grant such benefit to the accused. |
| Summary |
In the case of Arbab Ali Shar vs. The State, the Sindh High Court addressed the conviction of the appellant for the murder of his wife and her alleged paramour. The court highlighted significant issues regarding the reliability of police testimony and the prosecution's failure to provide independent witnesses. The judgment emphasized the importance of corroborative evidence in criminal trials, especially when police officials are the primary witnesses. The ruling underscored the principle that if reasonable doubt exists, the accused must be given the benefit of that doubt. This case reinforces the judicial responsibility to ensure that justice is served based on credible evidence and underscores the critical need for thorough investigation and impartiality in criminal proceedings. Keywords: criminal appeal, murder conviction, police testimony, benefit of doubt, Sindh High Court. |
| Court |
Sindh High Court, Sukkur Bench
|
| Entities Involved |
Not available
|
| Judges |
Naimatullah Phulpoto, J
|
| Lawyers |
Amanullah G. Malik,
Syed Sardar Ali Shah
|
| Petitioners |
Arbab Ali Shar
|
| Respondents |
The STATE
|
| Citations |
2023 SLD 2225,
2023 YLR 2395
|
| Other Citations |
Saifullah v. The State 1992 MLD 984,
Pervaiz Khan and another v. The State 2022 SCMR 393,
Muhammad Mansha v. The State 2018 SCMR 772
|
| Laws Involved |
Penal Code (XLV of 1860),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
302(b),
311,
147,
148,
149,
129(g)
|