| Case ID |
22dac241-2794-468e-bff5-3db84b445a0d |
| Body |
View case body. Login to View |
| 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
|