| Case ID |
22aad9e6-09a7-436b-a261-b86acb8fedac |
| Body |
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| Case Number |
Criminal Acquittal Appeal No. 330 of 2020 |
| Decision Date |
Jun 29, 2021 |
| Hearing Date |
Jun 23, 2021 |
| Decision |
The Criminal Acquittal Appeal was dismissed as the court found no illegality or irregularity in the trial court's judgment. The evidence presented by the prosecution was largely circumstantial, relying on last seen evidence and forensic laboratory reports. The court emphasized that the prosecution failed to conclusively prove that the deceased was killed shortly after the alleged last seen, and the witness claiming to have seen the deceased with the accused was deemed a chance witness. The trial court's acquittal of the accused was upheld, reaffirming the principle that an accused is presumed innocent until proven guilty, and the burden of proof lies squarely with the prosecution. The court reiterated that mere suspicion or probability cannot suffice for conviction in criminal cases, ensuring adherence to the rule of law and the rights of the accused. |
| Summary |
This case revolves around the appeal against the acquittal of the accused in a murder case under sections 302 and 34 of the Penal Code. The prosecution's case was based on circumstantial evidence, primarily last seen evidence, and the trial court found insufficient evidence to convict. The appeal was dismissed, emphasizing the legal principle that an accused person cannot be convicted based on mere suspicion. The decision highlights the importance of corroborative evidence in criminal trials, particularly when dealing with circumstantial evidence. The court's ruling reinforces the necessity for strong and cogent evidence to dislodge the presumption of innocence that accompanies an acquittal. This case illustrates the complexities of criminal law, the challenges of proving guilt beyond a reasonable doubt, and the critical role of the judiciary in upholding justice while protecting the rights of the accused. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDULLAH BALOCH,
ABDUL HAMEED BALOCH
|
| Lawyers |
Saifullah Kakar
|
| Petitioners |
ABDUL QADEEM SHAH
|
| Respondents |
,
ABDUL WADOOD
|
| Citations |
2023 SLD 458 = 2023 PCRLJ 143
|
| Other Citations |
Sanaullah v. State 2020 MLD 659,
Muhammad Saleem v. State 2010 YLR 2115,
Muhammad Ali v. State 2005 PCr.LJ 830,
Muhammad Sharif v. State 1997 SCMR 866,
Naveed Asgher v. State PLD 2021 SC 600,
Mst. Anwar Begum v. Akhtar Hussain Alias Kaka 2017 SCMR 1710
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
34,
154
|