| Case ID |
1a25d80e-9b26-42b7-bce6-3d7e2b94a633 |
| Body |
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| Case Number |
Criminal Acquittal Appeal No. S-37 of 2012 |
| Decision Date |
Feb 19, 2013 |
| Hearing Date |
|
| Decision |
The appeal against the acquittal was dismissed as the appellant failed to present any compelling evidence to challenge the trial court's decision. The court emphasized that the trial court's conclusions were not arbitrary or capricious, and it maintained that the presumption of innocence remains intact unless proven otherwise. The lack of examination of certain witnesses was deemed insufficient to warrant a remand of the case, as their testimonies would not have strengthened the prosecution's case. Consequently, the judgment of acquittal was upheld. |
| Summary |
In the case of Sindh High Court's Criminal Acquittal Appeal No. S-37 of 2012, the appellant, Abid Hussain, contested the acquittal of several accused individuals, including Nawab and others, regarding allegations of criminal trespass and assault. The trial court had acquitted the accused under Section 245(i) of the Criminal Procedure Code due to a lack of substantial evidence. The appeal was grounded on claims that key witnesses, including the author of the F.I.R. and the investigating officer, were not examined, which the appellant argued compromised his right to a fair trial. However, the High Court found that the trial court had adequately addressed all relevant evidence and that the alleged failures did not affect the outcome of the case. The decision reinforced the principle that an acquitted individual carries a double presumption of innocence and that such judgments should not be overturned lightly. The court ultimately dismissed the appeal, underscoring the importance of evidence in criminal proceedings and the challenges faced by appellants in proving claims against acquittals. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SALAHUDDIN PANHWAR, J
|
| Lawyers |
Mushtaque Ahmed Kolachi,
Sardar Ali Shah, A.P.G.
|
| Petitioners |
ABID HUSSAIN
|
| Respondents |
NAWAB,
Mukhtiar,
Ibrahim,
Nazeer,
Yaseen,
Akhtiar,
Hyder
|
| Citations |
2013 SLD 2691,
2013 YLR 1609
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
417(2-A)
|