| Case ID |
22db39ed-9175-4305-bd62-e82926ce7ad9 |
| Body |
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| Case Number |
Criminal Appeal No.166 of 2008 |
| Decision Date |
Sep 19, 2008 |
| Hearing Date |
Sep 10, 2008 |
| Decision |
The Sindh High Court acquitted the appellants, Shahi Khan and another, after determining that there was no tangible evidence linking them to the alleged murder of Mst. Pahari Bibi. The court highlighted significant deficiencies in the prosecution's case, including reliance on hearsay evidence from the complainant, who was the father of the deceased. The complainant's testimony was found to be unreliable as he had not witnessed the events leading to his daughter's death. The medical evidence suggested that the cause of death was asphyxia due to hanging, which was more likely a suicide rather than homicide. The trial court's conviction was deemed a violation of basic evidentiary principles, leading to the acquittal of the accused. |
| Summary |
This case revolves around the tragic death of Mst. Pahari Bibi, whose father, Ahmed Khan, accused Shahi Khan and another of murdering her. The prosecution failed to provide direct evidence linking the appellants to the crime, relying instead on the complainant's hearsay statements. The complainant initially hesitated to file an FIR and did not witness the incident. A medical examination concluded that the cause of death was likely suicide rather than homicide. The High Court found the trial court's conviction unsupported by credible evidence, resulting in the acquittal of the appellants. This case underscores the importance of substantial evidence in criminal proceedings, particularly in murder cases where the stakes are high. Key legal principles regarding admissibility of evidence and the burden of proof were pivotal in this judgment. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Zafar Ahmed Khan Sherwani
|
| Lawyers |
Habib Ahmed,
Muhammad Bux Awan
|
| Petitioners |
another,
SHAHI KHAN
|
| Respondents |
THE STATE
|
| Citations |
2009 SLD 3233,
2009 PCRLJ 1
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)/34
|