Case ID |
1ee0977e-62dd-4191-88b0-e014e3aa3a35 |
Body |
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Case Number |
Criminal Appeal No. 17 of 2017 |
Decision Date |
Jan 25, 2018 |
Hearing Date |
Dec 29, 2017 |
Decision |
The appeal was allowed and the accused was acquitted due to significant doubts raised in the prosecution's case. The court found that the evidence provided by the prosecution was inconsistent, leading to the conclusion that the accused did not commit the alleged crime. The failure of the prosecution to recover the motorcycle and the lack of credible eyewitness testimony were pivotal in reaching this decision. The judgment emphasized the importance of corroborative evidence and the benefit of the doubt principle in criminal cases. |
Summary |
The case revolves around the conviction of Gul Sher Khan for dacoity with murder under sections 396 and 34 of the Penal Code. The events occurred on September 26, 2015, when the complainant and his relatives were attacked by six armed individuals attempting to steal a motorcycle. During the incident, the complainant's nephew was shot and later died from his injuries. The evidence presented during the trial was marred by contradictions and dishonest improvements made by the witnesses, particularly the complainant. The judgment highlighted that the prosecution failed to establish a clear timeline and did not recover the stolen motorcycle, which was crucial for the case. The high court ultimately ruled in favor of the accused, citing a lack of reliable evidence and the principle of reasonable doubt. The decision underscores the critical need for solid evidence in criminal prosecutions to ensure justice is served. |
Court |
Balochistan High Court
|
Entities Involved |
Not available
|
Judges |
NAEEM AKHTAR AFGHAN,
ABDULLAH BALOCH,
GUL SHER KHAN
|
Lawyers |
Ellahi Bakhsh Lehri,
Jamil Akhtar Gajani
|
Petitioners |
Gul Sher Khan
|
Respondents |
The State
|
Citations |
2018 SLD 1837,
2018 MLD 1354
|
Other Citations |
Muhammad Farooq v. State 2006 SCMR 1707,
Dohlu v. State 2002 PCr.LJ 690
|
Laws Involved |
Penal Code (XLV of 1860)
|
Sections |
396,
34
|