| Case ID |
23207906-eed5-4c38-8904-b67fb19f6177 |
| Body |
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| Case Number |
Criminal Appeal No. 493 and Criminal Revision No. |
| Decision Date |
Nov 11, 2009 |
| Hearing Date |
Nov 11, 2009 |
| Decision |
The conviction and death sentence awarded to Syed Muatasim Wasti alias Momi by the Trial Court were set aside, and he was acquitted of all charges. The court found that the prosecution had failed to establish guilt beyond reasonable doubt due to the lack of unimpeachable evidence. The judgment emphasized the principle that a person should not be condemned to death without strong and legally acceptable evidence. The trial court had ignored significant judicial principles, leading to a miscarriage of justice. The appeal was accepted, and the complainant's revision petition was deemed infructuous as a result. |
| Summary |
In the case of Syed Muatasim Wasti alias Momi vs. The State, the Peshawar High Court ruled on a criminal appeal and revision concerning the conviction of the appellant for murder under sections 302/34 of the Penal Code (XLV of 1860). The case revolved around the death of Syed Muhammad Yasir Abbass, whose body was discovered with bullet wounds. The court scrutinized the evidence presented, noting significant shortcomings in the prosecution's case, including the failure to provide unimpeachable evidence necessary for a capital conviction. The Court highlighted the importance of legal proof and the presumption of innocence, ultimately leading to the acquittal of the appellant. This case underscores critical principles of criminal justice, particularly regarding the standards of evidence required for a death penalty conviction. The decision reaffirmed the necessity for courts to uphold the rights of the accused and ensure that justice is served based on credible evidence. The ruling serves as a landmark reference in discussions about the standards of proof in criminal cases, particularly in capital offenses. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
DOST MUHAMMAD KHAN,
MAZHAR ALAM KHAN
|
| Lawyers |
M. Zahurul Haq,
Syed Masood Kausar,
Waqar Ali Khan,
Asadullah Khan Chamkani
|
| Petitioners |
SYED MUATASIM WASIT ALIAS MOMI
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2010 SLD 2813,
2010 PCRLJ 477
|
| Other Citations |
Jahangir Hayat v. The State PLD 1999 Lah. 285,
PLD 1953 FC 214,
PLD 1952 PC 119,
Ch. Barkat Ali v. Major Karam Elahi Zia and another 1992 SCMR 1047,
Sarfraz Khan v. State and others 1996 SCMR 188
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302/34
|