| Case ID |
20c74eb2-515c-4358-90ef-5cadd5414087 |
| Body |
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| Case Number |
Crl. As. Nos. 401, 415 and 442 of 2017 |
| Decision Date |
Jul 31, 2018 |
| Hearing Date |
Jul 23, 2018 |
| Decision |
The Balochistan High Court upheld the conviction and life sentences of the appellants for the murder of Mustafa, establishing that circumstantial evidence sufficiently linked them to the crime. The court emphasized that the disclosures made by the appellants during police custody were admissible under Article 40 of the Qanun-e-Shahadat Order, 1984, as they led to the recovery of incriminating evidence, including the deceased's mobile phone and motorcycle. The prosecution's case was found to be robust, with corroborative medical evidence confirming the cause of death as strangulation. The defense's arguments concerning the admissibility of evidence and the absence of the complainant were dismissed as lacking substance. The court concluded that the prosecution had successfully proved its case against the appellants beyond a reasonable doubt. |
| Summary |
In this significant case adjudicated by the Balochistan High Court, the court examined the intricacies of circumstantial evidence in establishing the guilt of the appellants in a murder case involving the victim Mustafa. The court meticulously analyzed the admissibility of evidence under the Qanun-e-Shahadat Order, 1984, particularly focusing on the disclosures made by the appellants during their police custody. The court highlighted that these disclosures led to the recovery of critical evidence, including the deceased's mobile phone and motorcycle, thereby affirming the prosecution's case. The judgment also touched upon the established motive behind the crime, which was an attempt to commit an unnatural offense against the victim. The court's decision reinforced the importance of circumstantial evidence in criminal trials, particularly in cases where direct evidence may be lacking. This case serves as a precedent in the legal landscape, demonstrating the court's commitment to upholding justice through a thorough examination of evidence and adherence to legal standards. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
NAEEM AKHTAR AFGHAN,
ABDULLAH BALOCH
|
| Lawyers |
Mr. Iqbal Ahmed Kasi,
Mr. Habibullah Gul
|
| Petitioners |
Muhammad Younas,
Naseer Ahmed,
Rehmat Ullah
|
| Respondents |
STATE
|
| Citations |
2020 SLD 55,
2020 PLJ 14
|
| Other Citations |
PLD 2003 SC 704,
1995 SCMR 1793
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Criminal Procedure Code (V of 1898),
Evidence Act (1 of 1872),
Pakistan Penal Code, 1860
|
| Sections |
38,
39,
40,
161,
174,
340(2),
342,
382B,
544A,
27,
34,
302,
302(b)
|