| Case ID |
16058b3a-005e-4588-aca8-4d3b62d9e568 |
| Body |
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| Case Number |
Criminal Appeal No.406 of 2007 |
| Decision Date |
Apr 09, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court acquitted the appellants Ghulam Akbar and Qasim of the charges due to insufficient evidence and the failure of the prosecution to prove the case beyond a reasonable doubt. The court highlighted significant issues with the evidence presented, including the unreliability of witness testimonies and the lack of credible recovery evidence. The judgment emphasized the principle that the burden of proof lies with the prosecution, and any doubts must be resolved in favor of the accused. The court's decision reflects the importance of adhering to legal standards in criminal proceedings, ensuring that convictions are based on solid evidence rather than mere probabilities. |
| Summary |
This case involved a criminal appeal regarding the conviction of Ghulam Akbar and Qasim for murder and robbery under the Penal Code and the Anti-Terrorism Act. The Supreme Court of Pakistan scrutinized the evidence presented at trial, focusing on the recovery of stolen property and the credibility of witness accounts. Notably, the court found that the recovery of the stolen motorcycle lacked evidentiary value as it occurred in an open field, and the prosecution failed to summon any local witnesses to validate the recovery. Furthermore, the court noted significant delays in the forensic analysis of the recovered firearm, which undermined the prosecution's case. Ultimately, the court ruled in favor of the appellants, underscoring the legal principle that the prosecution must meet a high standard of proof in criminal cases. This decision is significant in reinforcing the rights of the accused and the necessity for reliable evidence in securing convictions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED DOGAR, C.J.,
CH. EJAZ YOUSAF,
MUHAMMAD FARRUKH MAHMUD, J.
|
| Lawyers |
Not available
|
| Petitioners |
Ghulam Akbar,
Qasim,
Luqman alias Ghazi
|
| Respondents |
THE STATE
|
| Citations |
2008 SLD 2133,
2008 SCMR 1064
|
| Other Citations |
Abdul Ghani and 3 others v. The State 1976 PCr.LJ 1462,
Nazeer and 2 others v. The State PLD 1989 Kar. 466,
Das Ram Gehla Ram v. Emperor 43 Cr.LJ 1942 (268),
Muhammad Ayub and others v. The State 1974 PCr.LJ 501,
State through Advocate-General, Sindh v. Bashir and others PLD 1997 SC 408,
Jehangir v. Nazar Farid and another 2002 SCMR 1986,
Muhammad Younis Khan v. The State 1992 SCMR 545,
Atta Ullah and others v. The State PLD 1990 Pesh. 10,
Muhammad Luqman v. The State PLD 1970 SC 10
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Anti-Terrorism Act, 1997
|
| Sections |
302,
34,
103,
7
|