| Case ID |
259e7269-3e79-4bf6-82fd-3c539fbdaa30 |
| Body |
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| Case Number |
Criminal Acquittal Appeal No. 294 of 2010 |
| Decision Date |
Nov 14, 2012 |
| Hearing Date |
Oct 15, 2012 |
| Decision |
The Balochistan High Court upheld the acquittal of Mula Kalimullah, concluding that the prosecution failed to provide sufficient evidence to prove that the accused had caused the death of his wife, Bibi Jamila. The court found that the prosecution's case was primarily based on testimonies from interested witnesses who contradicted each other on material points and lacked direct evidence of the alleged crime. Medical evidence indicated that the cause of death was due to renal failure and multiple infections, rather than any injuries inflicted by the accused. The court emphasized the principle of double presumption of innocence after acquittal, stating that the acquittal could only be overturned if it was proven to be perverse, arbitrary, or illegal. The appeal against the acquittal was thus dismissed. |
| Summary |
In the case of Criminal Acquittal Appeal No. 294 of 2010, the Balochistan High Court examined the evidence surrounding the alleged murder of Bibi Jamila by her husband, Mula Kalimullah. The court reviewed testimonies from various witnesses, including family members and medical professionals, who provided conflicting accounts of the circumstances leading to Jamila's death. The prosecution argued that Kalimullah had brutally beaten his wife, causing her to suffer internal injuries and ultimately die from complications related to her pregnancy. However, the trial court acquitted Kalimullah due to a lack of credible evidence and the questionable reliability of the prosecution's witnesses. The appeal by the state was dismissed as the High Court found no grounds to overturn the acquittal. This case illustrates significant legal principles regarding the burden of proof and the credibility of witness testimonies in criminal proceedings, emphasizing the importance of clear and convincing evidence in securing a conviction. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
JAMAL KHAN MANDOKHAIL,
GHULAM MUSTAFA MENGAL
|
| Lawyers |
Attiq Ahmed Khan
|
| Petitioners |
THE STATE THROUGH PUBLIC PROSECUTOR-GENERAL
|
| Respondents |
MULA KALIMULLAH
|
| Citations |
2013 SLD 1414 = 2013 MLD 490
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
417
|