| Case ID |
209e905a-42db-4a94-a28c-43e0934f255d |
| Body |
View case body. Login to View |
| Case Number |
Crl. Appeal Nos. 19/I of 2016 2/I of 2017 |
| Decision Date |
Jan 18, 2019 |
| Hearing Date |
Jan 16, 2019 |
| Decision |
The Federal Shariat Court, after considering the appeals filed by the complainant and the State against the acquittal of the respondents, upheld the trial court's decision. The court emphasized that the evidence presented by the prosecution was insufficient to establish the guilt of the respondents. The judgment of acquittal was found to be well-reasoned, and the court highlighted that mere delay in lodging the FIR did not necessarily invalidate the prosecution's case. The court determined that the identification parade lacked evidentiary value and noted that the recovery of alleged looted property was not convincingly linked to the respondents. Ultimately, the appeals were dismissed, reinforcing the presumption of innocence for the acquitted respondents. |
| Summary |
In the case of Crl. Appeal Nos. 19/I of 2016 and 2/I of 2017, the Federal Shariat Court examined the appeals against the acquittal of several individuals accused of robbery and related offenses under the Pakistan Penal Code. The court analyzed the evidence presented, including witness testimonies and recovery of alleged stolen items. Key legal principles were discussed, including the significance of FIR delays and the evidentiary weight of identification parades. The court concluded that the prosecution failed to meet the burden of proof required for conviction, leading to the dismissal of the appeals. This case illustrates critical aspects of criminal law, particularly regarding the standards of evidence and the presumption of innocence, making it an important reference in legal discussions on acquittals and the integrity of criminal investigations. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
SYED MUHAMMAD FAROOQ SHAH,
JUSTICE SHAUKAT ALI RAKHSHANI
|
| Lawyers |
Mr. Shah Zeb Khan, Advocate,
Mr. Walayat Khan, Asstt. A.G. KPK,
Mr. Yousaf Ali, Advocate
|
| Petitioners |
STATE
|
| Respondents |
BAKHT ALI,
ZAR MUHAMMAD,
USMAN ALI alias RAID ALAM,
WALI HAYAT alias WILAYAT KHAN
|
| Citations |
2019 SLD 2026,
2019 PLJ 533
|
| Other Citations |
2013 SCMR 1602,
PLD 1985 SC 11,
PLD 2011 SC 554,
2017 YLR Note 220,
2018 YLR 2307
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
34,
170,
342,
457
|