| Case ID |
21254861-1458-49e4-aad1-0a3b9fffe22c |
| Body |
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| Case Number |
D-22, D-24 and D-25 of 2018 |
| Decision Date |
Apr 28, 2021 |
| Hearing Date |
Apr 28, 2021 |
| Decision |
The appeals filed by the appellants Molvi Ghulam Murtaza and Waseem were allowed, and the convictions and sentences awarded by the Trial Court were set aside. The case was remanded to the Trial Court with directions to record the statements of all accused under section 342, Cr.P.C afresh, ensuring that all incriminating evidence was presented to them for response. The confirmation reference made by the Trial Court regarding the death sentence was answered in the negative. |
| Summary |
This case revolves around serious criminal charges including murder and rape under the Penal Code, specifically sections 302(b) and 376. The appellants were previously convicted by the Trial Court and sentenced to death and life imprisonment. However, upon appeal, it was discovered that key evidence was not properly presented to the accused during their examination as per the Criminal Procedure Code. The Sindh High Court emphasized the importance of allowing the accused to respond to all evidence against them, leading to a remand for proper proceedings. This case highlights critical aspects of fair trial rights and procedural justice, ensuring that all parties receive a fair opportunity to present their case. Legal professionals must pay close attention to the procedural requirements mandated by law to prevent miscarriages of justice. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NAIMATULLAH PHULPOTO, JUSTICE,
MRS. KAUSAR SULTANA HUSSAIN, JUSTICE
|
| Lawyers |
Om Parkash H. Karmani,
Inderyas Barkat,
Shahzado Saleem Nahiyoon
|
| Petitioners |
MOLVI GHULAM MURTAZA,
WASEEM
|
| Respondents |
THE STATE
|
| Citations |
2022 SLD 367 = 2022 PCRLJ 159
|
| Other Citations |
Jan Muhammad v. The State [Criminal Appeal No. 77 of 2020]
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
376,
511,
342
|