| Case ID |
1abef876-c483-4144-955b-724c3c5d5c33 |
| Body |
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| Case Number |
Criminal Appeal No. S-161 of 2009 |
| Decision Date |
May 03, 2017 |
| Hearing Date |
May 03, 2017 |
| Decision |
The appeal was allowed, and the conviction and sentence of the Appellant were set aside. The court found that the prosecution had failed to prove its case beyond reasonable doubt. The evidence presented was deemed unreliable, including the judicial confession, which was improperly recorded. The Appellant was acquitted of all charges, and his bail bonds were cancelled as he was present on bail. |
| Summary |
In the case of Criminal Appeal No. S-161 of 2009, the Sindh High Court reviewed the conviction of the Appellant under various sections of the Penal Code, including murder (Qatl-i-amd) and causing disappearance of evidence. The court scrutinized the evidence presented, notably the judicial confession and the circumstances surrounding the arrest. The judges highlighted that the prosecution's case lacked credibility due to procedural inconsistencies and the absence of corroborative evidence. The court emphasized the importance of adhering to legal standards while recording confessions, especially for vulnerable individuals. The failure to establish a strong evidentiary basis led to the Appellant's acquittal, reinforcing the principle that the burden of proof lies with the prosecution. This case underscores the critical role of due process in the criminal justice system, particularly in ensuring that confessions are obtained lawfully and that all evidence is thoroughly vetted before reaching a verdict. Keywords: Sindh High Court, Criminal Appeal, Qatl-i-amd, Judicial Confession, Acquittal, Legal Standards. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
OMAR SIAL
|
| Lawyers |
Sher Muhammad Shar for Appellant,
Abdul Rehman Kolachi, A.P.G. for the State
|
| Petitioners |
Not available
|
| Respondents |
THE STATE
|
| Citations |
2018 SLD 1137,
2018 PCRLJ 750
|
| Other Citations |
Azeem Khan v. The State 2016 SCMR 274
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
201,
404,
34,
164
|