| Case ID |
1aa65a32-1ccf-47dc-9223-e682d787135a |
| Body |
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| Case Number |
Crl. Acq. A. No. 222 of 2016 |
| Decision Date |
Jul 01, 2019 |
| Hearing Date |
Jun 27, 2019 |
| Decision |
The appeal was dismissed as the prosecution failed to establish the charges against the respondents. The court found that none of the ocular witnesses attributed any injury to the accused, and all admitted that the accused were empty-handed. The trial court's decision to acquit was upheld, emphasizing the principle of double presumption of innocence attached to acquittal orders. The prosecution's evidence was deemed insufficient, and the judgment of the trial court was not found to be arbitrary or capricious. |
| Summary |
This case revolves around the acquittal of the accused in a murder charge under the Pakistan Penal Code. The prosecution alleged that the accused, during a quarrel, attacked the complainant's son with a dragger. However, the court found that the evidence presented was insufficient to establish guilt. Key witnesses were closely related to the complainant, and their testimonies were inconsistent. The absence of independent witnesses raised doubts about the prosecution's case. The court held that merely being present at the scene does not imply involvement in the crime. This case highlights the importance of substantial evidence in criminal proceedings and the safeguards against wrongful convictions. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
NAEEM AKHTAR AFGHAN,
JUSTICE ABDUL HAMEED BALOCH,
JUSTICE ATTA MUHAMMAD
|
| Lawyers |
Mr. Jahanzaib Khan Jadoon
|
| Petitioners |
Atta Muhammad son of Musa Khan
|
| Respondents |
Aurangzaib,
Muhammad Akhbar,
Jahanzaib,
Shahzaib
|
| Citations |
2020 SLD 2238,
2020 PLJ 923
|
| Other Citations |
2017 MLD 1263,
2017 SCMR 2007
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
34,
417(2)
|