| Case ID |
26a4bc1c-7f40-4660-b8ef-584592bb4bb8 |
| Body |
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| Case Number |
Criminal Appeal No. 213 of 2012 with Murder Refere |
| Decision Date |
Nov 07, 2013 |
| Hearing Date |
|
| Decision |
The Peshawar High Court accepted the appeal in Criminal Appeal No. 213 of 2012 with Murder Reference No. 10 of 2012, deciding on November 7, 2013. The court set aside the impugned judgment and order of conviction dated November 14, 2012, passed by the trial court. Consequently, the appellant, Hazrat Ali Shah, was acquitted of the charges brought against him under Section 295-C of the Pakistan Penal Code, 1860. The court found that the prosecution's evidence was insufficient and contradictory, rendering the conviction invalid. Additionally, procedural lapses such as the non-compliance with mandatory provisions under Section 196 of the Cr.P.C. were identified, further undermining the trial's legality. As a result, the appellant remains in custody but is to be set free if not required for any other cases. The Murder Reference No.10 of 2012 was also answered in the negative, leading to the overall appeal being allowed. |
| Summary |
In the landmark case of Criminal Appeal No. 213 of 2012 with Murder Reference No. 10 of 2012, the Peshawar High Court delivered a significant judgment on November 7, 2013. The appellant, Hazrat Ali Shah, was initially convicted under Section 295-C of the Pakistan Penal Code, 1860, for using derogatory remarks against the Holy Prophet (Peace Be Upon Him) and the Holy Qur'an. The trial, conducted by the Additional Sessions Judge/Izafi Zilla Qazi in Chitral, led to a death sentence, which was challenged on various legal grounds by the defense. The High Court meticulously reviewed the procedural aspects of the trial, highlighting the non-compliance with Section 196 of the Cr.P.C., which mandates that no court shall take cognizance of certain offenses without a complaint made by order of the government or an authorized officer. The absence of such a complaint rendered the proceedings 'coram non judice,' making them illegal and without jurisdiction.
Furthermore, the prosecution's case was undermined by contradictory testimonies from multiple witnesses. The defense successfully demonstrated that the evidence presented was insufficient and lacked credibility, with witnesses denying each other's presence at the scene of the alleged offense. The appellant's plea of mental disorder and unsound mind was also a critical factor, although the trial court did not refer him for a mental health evaluation as required under Section 465 of the Cr.P.C.
The High Court's decision to acquit Hazrat Ali Shah was reinforced by precedents set in cases like Abdul Razzaq v. The State, Mst. Sardaran Bibi v. The State, and Dilshad Hussain v. the State, where similar procedural lapses led to the nullification of convictions. By setting aside the original judgment and sentencing, the court underscored the importance of adhering to legal protocols in judicial proceedings.
This case is pivotal in reinforcing the judiciary's stance on procedural compliance and the necessity of credible evidence in upholding convictions. It also highlights the protections afforded to individuals against arbitrary prosecution, especially in sensitive cases involving blasphemy charges. The acquittal not only exonerated Hazrat Ali Shah but also set a precedent ensuring that future cases adhere strictly to legal requirements to maintain the integrity of the judicial system. The decision has significant implications for criminal law in Pakistan, emphasizing the need for lawful prosecution and the critical evaluation of evidence before issuing verdicts, thereby safeguarding the rights of the accused and upholding justice. |
| Court |
Peshawar High Court
|
| Entities Involved |
The State,
Asadullah Khan Chamkani,
Muhammad Daud Khan,
Hazrat Ali Shah
|
| Judges |
Asadullah Khan Chamkani,
Muhammad Daud Khan
|
| Lawyers |
Gauhar Ali Khan,
Muhammad Javid, Deputy Advocate-General for the State
|
| Petitioners |
Hazrat Ali Shah
|
| Respondents |
The State and others
|
| Citations |
2014 SLD 36 = 2014 PLD 122
|
| Other Citations |
Abdul Razzaq v. The State PLD 2005 Lah. 631,
Mst. Sardaran Bibi v. The State 2007 PCr.LJ 342,
Dilshad Hussain v. the State 2003 PCr.LJ 206
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
295-C
|