| Case ID |
1f5769f8-89c6-446f-93be-695face4298a |
| Body |
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| Case Number |
Criminal Appeal No. 46/K of 2002 |
| Decision Date |
Jun 20, 2003 |
| Hearing Date |
Jun 20, 2003 |
| Decision |
The Federal Shariat Court, presided by Justice S.A. Rabbani, allowed the appeal of Allah Bux, setting aside the conviction and sentence awarded by the IVth Additional Sessions Judge, Hyderabad under section 394 of the Penal Code. The appellant was sentenced to seven years of rigorous imprisonment and a fine of Rs. 5,000, with an additional six months in case of default. The prosecution's case was found to be doubtful due to several infirmities, including the lack of evidence proving the commission of robbery, which was the basis for the conviction. The court concluded that the appellant was entitled to the benefit of doubt and ordered his release. |
| Summary |
In the case of Criminal Appeal No. 46/K of 2002, the Federal Shariat Court reviewed the conviction of Allah Bux under section 394 of the Penal Code for attempted robbery. The case presented significant doubts regarding the prosecution's claims, as the evidence did not substantiate the allegations of robbery. The court highlighted numerous inconsistencies and the absence of corroborative evidence. The appellant's presence at the complainant's house was explained as a visit to inquire about a family matter. Given these circumstances, the court ruled in favor of the appellant, allowing the appeal and emphasizing the principle of 'benefit of doubt.' This case underscores the importance of robust evidence in criminal proceedings and serves as a precedent for similar cases involving doubts in prosecution claims, reinforcing the rights of the accused. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
S.A. RABBANI
|
| Lawyers |
Maula Bakhsh Khoso,
Arshad Lodhi
|
| Petitioners |
ALLAH BUX
|
| Respondents |
THE STATE
|
| Citations |
2004 SLD 2938 = 2004 PCRLJ 1734
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
394
|