| Case ID |
1f01b641-ece8-4d6c-be7b-06ea12a775e7 |
| Body |
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| Case Number |
Criminal Appeal No. 261-M of 2013 |
| Decision Date |
Apr 18, 2014 |
| Hearing Date |
|
| Decision |
The court set aside the conviction and sentence of the appellants, Darwesh and Afzal Khan, as the prosecution failed to prove their guilt beyond a reasonable doubt. The evidence presented was deemed insufficient and contradictory, with key witnesses, including the complainant and the alleged abductee, not being produced in court. The court highlighted that the only incriminating evidence was the retracted judicial confession of the accused, which could not be relied upon due to the circumstances surrounding its acquisition. The judgment emphasized the principle that any doubt must benefit the accused, leading to their acquittal. |
| Summary |
In the case of Criminal Appeal No. 261-M of 2013, the Peshawar High Court reviewed the conviction of Darwesh and Afzal Khan under the Anti Terrorism Act for the kidnapping of Hasnain for ransom. The court found significant flaws in the prosecution's case, including the absence of the complainant and the alleged abductee during the trial, which undermined the credibility of the evidence. Furthermore, the court scrutinized the judicial confessions made by the accused, ruling that they could not be the sole basis for conviction without corroborating evidence. The decision underscored the importance of the benefit of doubt in criminal proceedings, ultimately leading to the acquittal of the accused. This case highlights the critical aspects of evidence presentation and the necessity for reliable testimonies in securing a conviction in criminal law. Keywords: criminal appeal, acquittal, judicial confession, prosecution evidence, Peshawar High Court, Anti Terrorism Act. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL LATIF KHAN,
JAN KHATTAK
|
| Lawyers |
Said Hakim,
Muhammad Rafiq D.A.G.
|
| Petitioners |
Darwesh,
Afzal Khan alias Bangash
|
| Respondents |
THE STATE
|
| Citations |
2014 SLD 965,
2014 YLR 2223
|
| Other Citations |
2008 SCMR 649,
1992 SCMR 754
|
| Laws Involved |
Pakistan Penal Code, 1860,
Qanun-e-Shahadat (10 of 1984),
Criminal Procedure Code (V of 1898),
Anti Terrorism Act, 1997
|
| Sections |
365A,
129(g),
164,
7(e)
|