| Case ID |
154a0bad-464c-473a-9ad6-874018cb755e |
| Body |
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| Case Number |
Criminal Appeal No. 364-A of 2019 |
| Decision Date |
Apr 22, 2020 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the appeal against the acquittal of the accused due to a lack of sufficient evidence. The court found that the prosecution failed to establish the time and manner of the occurrence, leading to significant doubts regarding the testimonies of the witnesses. The court emphasized that the intrinsic worth of ocular accounts must be accepted for conviction, and since there were contradictions in the statements, the accused were entitled to the benefit of doubt. The decision highlighted that even a single reasonable doubt can lead to acquittal, thus reinforcing the principle of 'innocent until proven guilty'. |
| Summary |
In the case of Criminal Appeal No. 364-A of 2019, the Peshawar High Court dealt with an appeal challenging the acquittal of several accused charged under sections 302 and 34 of the Penal Code for murder. The court found significant discrepancies in the evidence presented by the prosecution witnesses, including contradictions in their statements and the failure to establish the exact time of the incident. The appeal was dismissed on the grounds that the prosecution did not meet the burden of proof required for a conviction. The judgment stressed the importance of credible eyewitness accounts and the legal principle that any reasonable doubt must favor the accused. This case underscores the critical standards of evidence and the significance of procedural integrity in criminal trials, particularly in serious charges such as murder. The court's adherence to established legal principles ensures that justice is served while safeguarding the rights of the accused. |
| Court |
Peshawar High Court, Abbottabad Bench
|
| Entities Involved |
Not available
|
| Judges |
SHAKEEL AHMAD,
AHMAD ALI
|
| Lawyers |
Malik Amjad Ali
|
| Petitioners |
ABDUL HALEEM
|
| Respondents |
The STATE,
Saif-ur-Rehman,
Qazi Malook,
Shikrat Khan,
Roop Mian
|
| Citations |
2022 SLD 3115,
2022 YLR 1478
|
| Other Citations |
1995 SCMR 127,
2015 SCMR 1142,
2017 SCMR 2002,
2017 SCMR 2007,
2017 SCMR 1710,
Ghulam Qadir v. The State 2008 SCMR 1221,
1992 SCMR 366,
1995 SCMR 1345,
1995 SCMR 1730,
2004 SCMR 215,
2004 SCMR 140,
2009 SCMR 230,
2013 SCMR 192,
2016 SCMR 2073,
2017 PCr.LJ 185,
2017 SCMR 596,
2017 SCMR 986,
2019 PCr.LJ 337
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
34,
417
|