| Case ID |
15848ef7-3fab-432a-b331-35a24c6f5a80 |
| Body |
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| Case Number |
Criminal Appeal No. 206-B of 2021 |
| Decision Date |
Jun 23, 2022 |
| Hearing Date |
Jun 23, 2022 |
| Decision |
The appeal against conviction was allowed due to the prosecution's failure to prove its case beyond a shadow of doubt. The court found inconsistencies in witness testimonies, tampering in the inquest reports, and lack of concrete evidence linking the accused to the crime. The circumstances surrounding the case did not convincingly support the prosecution's claims, leading to the acquittal of the accused. |
| Summary |
In the case of Humayun vs. Habib-ur-Rehman, the Peshawar High Court addressed a serious matter involving multiple fatalities and injuries resulting from alleged indiscriminate firing. Analyzing the evidence presented, the court highlighted significant discrepancies in witness accounts and physical evidence. The timeline of events raised questions about the credibility of the complainants and the identification of the accused. The legal principles surrounding the benefit of doubt were emphasized, ultimately leading to the conclusion that the prosecution failed to meet the burden of proof required for conviction. This case underscores the importance of thorough investigations and the reliability of witness testimonies in criminal proceedings. The ruling serves as a critical reminder of the judicial system's commitment to ensuring that justice is served while protecting the rights of the accused, particularly in cases involving serious charges such as qatl-i-amd. Legal professionals and scholars may find this case significant for discussions on evidentiary standards and the implications of witness credibility in criminal law. |
| Court |
Peshawar High Court, Bannu Bench
|
| Entities Involved |
Not available
|
| Judges |
Ishtiaq Ibrahim,
Sahibzada Asadullah
|
| Lawyers |
Farooq Khan Sokari,
Salah-ud-Din Khan Marwat,
Sardar Muhammad Asif, Asstt: A.G.
|
| Petitioners |
Humayun
|
| Respondents |
2 others,
Habib-ur-Rehman
|
| Citations |
2024 SLD 2558,
2024 YLR 427
|
| Other Citations |
Jawad v. The State and another 2020 YLR 1462,
Jalat Khan alias Jalo v. The State 2020 PCr.LJ 503,
Muhammad Zaman v. The State and others 2014 SCMR 749,
Malik Aamir Sultan and 02 others v. The State and another 2018 MLD 1635,
Najaf Ali Shah v. The State 2021 SCMR 736,
Hayat Ullah v. The State 2018 SCMR 2092,
Muhammad Darvaish and others v. The State 2019 PCr.LJ 1086
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
324,
337-F(ii),
427,
148,
149
|