| Case ID |
16854a13-8f54-4a5e-b1c2-1067b7d96fd0 |
| Body |
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| Case Number |
Crl. Appeal No. 10 of 2010 |
| Decision Date |
Feb 23, 2010 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the conviction of the appellant was set aside. The prosecution failed to prove its case against the appellant beyond a reasonable doubt. The report of the chemical examiner was not prepared on the prescribed form, nor was it tendered in evidence, making it unworthy of consideration. There was also no evidence to establish that the material seized from the appellant was indeed alcohol and charas. Consequently, the appellant was acquitted of the charges. |
| Summary |
In the case of Crl. Appeal No. 10 of 2010 decided on February 23, 2010, by the Shariat Court (AJ&K), the appellant Muhammad Ashraf challenged his conviction under the Prohibition (Enforcement of Hadd) Act, 1985. The court scrutinized the evidence presented, particularly the report of the chemical examiner, which was deemed inadequate as it was not prepared according to legal requirements and was not presented in court. The prosecution's inability to establish the nature of the seized materials led to the conclusion that the conviction was unjustified. As a result, the court acquitted the appellant, emphasizing the importance of proper evidence in criminal proceedings. This case highlights the critical role of procedural adherence in ensuring justice and the necessity for the prosecution to meet its burden of proof beyond a reasonable doubt. Keywords: criminal appeal, acquittal, Prohibition Act, evidence, legal proceedings, justice. |
| Court |
Shariat Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SYED HUSSAIN MAZHAR KALEEM, JUSTICE
|
| Lawyers |
Sardar Muhammad Sohail Qaiser, Advocate,
Assistant Advocate General for State
|
| Petitioners |
MUHAMMAD ASHRAF
|
| Respondents |
STATE
|
| Citations |
2010 SLD 772,
2010 PLJ 74
|
| Other Citations |
Not available
|
| Laws Involved |
Prohibition (Enforcement of Hadd) Act, 1985
|
| Sections |
3,
4
|