| Case ID |
20abe833-4b89-43d4-b257-301a63e56cba |
| Body |
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| Case Number |
Criminal Acquittal Appeal No. 451 of 2019 |
| Decision Date |
Jun 03, 2021 |
| Hearing Date |
Apr 13, 2021 |
| Decision |
The Sindh High Court dismissed the appeal against acquittal, determining that the prosecution had failed to prove its case beyond a reasonable doubt. Multiple factors contributed to this decision, including a significant delay in the registration of the FIR, lack of credible eyewitness testimony, and inconsistencies in the complainant's account. The prosecution's failure to produce key witnesses who were injured during the incident raised serious doubts about the veracity of the claims made against the accused. Furthermore, the evidence presented was deemed insufficient to overturn the presumption of innocence attached to the acquitted parties, leading to the conclusion that the acquittal was not capricious or arbitrary. |
| Summary |
This case revolves around the appeal against the acquittal of Aaroo and Ahsan, who were charged with serious offenses under the Penal Code, including murder and rioting. The appeal was filed by Ghulam Ali Magsi, the complainant, who alleged that the respondents had attacked him and his relatives, resulting in fatalities. However, the court found substantial gaps in the prosecution's evidence, including a two-day delay in filing the FIR, which the complainant attributed to being occupied with the burial of the deceased. This explanation was deemed implausible given the circumstances. The court highlighted the absence of crucial witnesses who were injured during the incident but were not called to testify, further undermining the prosecution's case. The judges underscored the principle of double presumption of innocence in appeals against acquittals, reinforcing the standard that such acquittals should not be overturned unless proven to be perverse or arbitrary. Ultimately, the appeal was dismissed, affirming the lower court's decision to acquit the respondents. This case underscores the importance of thorough and credible evidence in criminal proceedings, particularly in serious charges like murder. Keywords: acquittal, criminal law, evidence, presumption of innocence, Sindh High Court. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AHMED ALI M. SHAIKH, CJ,
ANDYOUSUF ALI SAYEED, J
|
| Lawyers |
Shabbir Ahmed Kumbho,
Abdul Hafeez Sandhu,
Ali Haider Saleem, DPG
|
| Petitioners |
Ghulam Ali Magsi
|
| Respondents |
The STATE,
Aaroo, son of Umer Magsi,
Ahsan, son of Dittal Khan Magsi
|
| Citations |
2022 SLD 2231 = 2022 MLD 1271
|
| Other Citations |
State v. Abdul Khaliq PLD 2011 SC 554
|
| Laws Involved |
Penal Code (XLV of 1860),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
302,
324,
506(ii),
147,
148,
149,
129(g)
|