Legal Case Summary

Case Details
Case ID 22dac241-2794-468e-bff5-3db84b445a0d
Body View case body.
Case Number Criminal Appeal No. 141 of 1978
Decision Date May 21, 1984
Hearing Date
Decision The Peshawar High Court dismissed the appeal filed by the State against the acquittal of the accused Abdul Hamid. The court held that the prosecution failed to prove the guilt of the acquitted accused beyond a reasonable doubt. The evidence did not support the claim that Abdul Hamid prompted his co-accused to commit the murder, nor was there sufficient incriminating evidence to justify a conviction. The court underscored the necessity for strong evidence to overcome the presumption of innocence that benefits the accused, especially in cases involving acquittal. As such, the appellate court upheld the trial court's decision, emphasizing the importance of evaluating the credibility of witnesses and the reliability of the evidence presented.
Summary This case involves the appeal of the State against the acquittal of Abdul Aziz, Shoukat, and Abdul Hamid in a murder case. The incident occurred when the deceased, Abdur Rafiq, was shot by the accused, leading to the trial court's acquittal based on insufficient evidence linking the accused to the crime. The appellate court reaffirmed the principles of criminal law regarding the burden of proof and the presumption of innocence, ultimately dismissing the appeal. This case highlights critical aspects of criminal procedure, evidentiary standards, and the judicial process in appeals against acquittals, making it a significant reference point in legal discussions surrounding murder and abetment. Key terms include 'murder', 'acquittal', 'criminal procedure', 'evidence', and 'legal standards'.
Court Peshawar High Court
Entities Involved Not available
Judges ABDUL KHALIQ KHAN, ABDUR REHMAN KHAN KAIF
Lawyers Khawaja Nazir Ahmad Asstt. A.G. for the State, Mufti Muhammad Idris, Abdul Hamid
Petitioners THE STATE
Respondents ABDUL HAMID, ABDUL AZIZ, SHOUKAT
Citations 1984 SLD 374, 1984 PLD 230
Other Citations Sate .v. Amir Ali and others P L D 1967 Kar. 440, A I R 1934 P C 227, P L D 1964 S C 422, Abdul Aziz v. Bashir Ahmed P L D 1966 S C 658, Chiragh Pin's case PLD 1967SC340, Khaista Khan v. Emperor A I R 1935 Pesh. 35
Laws Involved Criminal Procedure Code (V of 1898), Penal Code (XLV of 1860)
Sections 417, 302/34, 114