| Case ID |
2258fc94-9fdc-43ce-aa11-9ce9c031d277 |
| Body |
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| Case Number |
Criminal Revision Application No. 20 of 1979 |
| Decision Date |
Oct 16, 1979 |
| Hearing Date |
Oct 16, 1979 |
| Decision |
The revision application was dismissed on the grounds that the appellate court's decision to acquit Aslam Shah was justified, as the prosecution's evidence was found to be unreliable and riddled with contradictions. The court acknowledged that the trial court had failed to follow due process by not giving notice to the accused regarding the examination of the witness Mauledino. The appellate court's reasoning for acquitting the respondent was upheld, emphasizing the importance of fair trial rights and the need for evidence that is free from doubt. |
| Summary |
This case revolves around a revision application challenging an acquittal order from the Additional Sessions Judge regarding allegations of trespass and theft. The petitioner, Muhammad Ayoob, claimed that Muhammad Aslam Shah had trespassed into his home and caused damage. However, the trial court found the evidence insufficient and riddled with contradictions, leading to an acquittal. The appellate court upheld this decision, highlighting procedural errors in the trial process, including the lack of notice to the accused about witness examination. This case underscores the significance of upholding defendants' rights and ensuring that evidence presented in court is credible and reliable. Keywords: revision application, acquittal, trespass, theft, procedural fairness, evidence credibility, Pakistan Penal Code. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ZAHOORUL HAQUE, J
|
| Lawyers |
Mr. Ameer Ahmed
|
| Petitioners |
Muhammad Ayoob
|
| Respondents |
Another,
Muhammad Aslam Shah
|
| Citations |
1980 SLD 1801,
1980 PCRLJ 760
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
458,
444,
380
|