| Case ID |
26050185-656f-4ed8-8b2a-924758ec8a41 |
| Body |
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| Case Number |
Crl. A. No. 13-P of 2015 |
| Decision Date |
Apr 30, 2019 |
| Hearing Date |
Apr 30, 2019 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of the appellant, Wajahat, and set aside the conviction for the charge of Qatl-e-amd under Section 302(b) of the Pakistan Penal Code. The court found that the evidence presented was insufficient to establish guilt beyond a reasonable doubt. The conviction was based on the complainant's belief without direct evidence, and the court emphasized the importance of providing concrete evidence in criminal cases. Wajahat's reticence to explain the circumstances surrounding his wife's death under the same roof was not enough to presume guilt. The judgment of the lower courts was deemed erroneous, and the appellant was to be released if not required in any other case. |
| Summary |
In the case of Crl. A. No. 13-P of 2015, the Supreme Court of Pakistan addressed the appeal of Wajahat, who was convicted for the murder of his wife, Touheed Begum, under Section 302(b) of the Pakistan Penal Code. The case revolved around the adequacy of evidence, as the prosecution's case relied heavily on hearsay and the complainant's beliefs without direct witnesses. The court underscored the necessity for positive proof in criminal trials, stating that mere suspicion or absence from law cannot be equated with guilt. The court's ruling highlights the critical nature of evidentiary certainty in criminal proceedings, reinforcing the principle that an accused is presumed innocent until proven guilty. The appeal was allowed, resulting in the appellant's acquittal. This case is significant in the discourse of criminal law, particularly regarding the standards of evidence required for conviction. Keywords: Supreme Court of Pakistan, criminal law, Qatl-e-amd, evidentiary standards, acquittal, Section 302(b), legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MANZOOR AHMAD MALIK,
SYED MANSOOR ALI SHAH,
QAZI MUHAMMAD AMIN AHMED
|
| Lawyers |
Mr. Ansar Nawaz Mirza, ASC,
Mr. Abdul Munir Khan, ASC No. 1,
Mr. Mujahid Ali Khan, Additional Advocate General, Khyber Pakhtunkhwa
|
| Petitioners |
Wajahat
|
| Respondents |
Another,
Gul Daraz
|
| Citations |
2019 SLD 2366,
2019 PLJ 419
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
302(b),
382B,
121
|