| Case ID |
1ef57a22-4fda-4d8f-9a64-6f54f14cd793 |
| Body |
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| Case Number |
Criminal Appeal No. 41 of 2014 |
| Decision Date |
Nov 02, 2016 |
| Hearing Date |
Oct 19, 2016 |
| Decision |
The appeal against the conviction was dismissed as the prosecution established the guilt of the accused, Zakir Hussain, beyond a reasonable doubt. The court found that the evidence, including circumstantial evidence and a confessional statement recorded on a Compact Disc, supported the conviction for the kidnapping and murder of a minor. The court emphasized that the brutal nature of the crime, which created a wave of terror in society, warranted a severe punishment. The accused was sentenced to death and ordered to pay a fine of Rs. 300,000 to the legal heirs of the deceased. The court held that the plea of insanity was not substantiated as the accused failed to provide medical evidence of his mental state at the time of the crime. |
| Summary |
This case involves the conviction of Zakir Hussain for the kidnapping and murder of a 3-year-old boy, Muhammad Muawiya. The prosecution relied heavily on circumstantial evidence, as there were no eyewitnesses to the crime. The case was marked by the brutal nature of the murder, which led to public outcry and fear. The court found that the accused had failed to prove his insanity at the time of the crime, as he did not present any medical evidence to support his claims. The court's decision underscores the importance of circumstantial evidence in criminal cases, especially when direct evidence is lacking. The ruling also highlights the application of the Anti-Terrorism Act due to the societal impact of the crime, thus reflecting on the broader implications of such violent acts. Keywords: Criminal Law, Circumstantial Evidence, Anti-Terrorism Act, Pakistan Penal Code, Insanity Defense, Legal Proceedings. |
| Court |
Not Specified
|
| Entities Involved |
Not available
|
| Judges |
MALIK HAQ NAWAZ,
SAHIB KHAN
|
| Lawyers |
Not available
|
| Petitioners |
Muzaffar-ud-Din
|
| Respondents |
Dy. A.G.
|
| Citations |
2017 SLD 2662,
2017 PCRLJ 757
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984),
Anti Terrorism Act, 1997
|
| Sections |
84,
302(b),
364A,
464,
84,
7
|