| Case ID |
2c5ea0a3-f711-444c-a521-66e168abed03 |
| Body |
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| Case Number |
Criminal Appeal No. 293 of 2020 |
| Decision Date |
Feb 07, 2022 |
| Hearing Date |
Feb 07, 2022 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of Bashir Muhammad Khan and acquitted him of the charge of murder. The court found significant discrepancies in the prosecution's evidence, including the absence of eyewitness testimony and inconsistencies in medical evidence. The court emphasized that the prosecution failed to prove its case beyond a reasonable doubt, and any reasonable doubt must benefit the accused. This decision highlights the critical importance of reliable evidence in criminal cases and underscores the principle that the burden of proof lies with the prosecution. |
| Summary |
In the landmark case of Bashir Muhammad Khan vs The State, the Supreme Court of Pakistan addressed serious concerns regarding the reliability of eyewitness testimony and the handling of evidence in a murder case. The appellant, Bashir Muhammad Khan, was initially convicted and sentenced to death by the Trial Court. However, upon appeal, the Supreme Court scrutinized the prosecution's case, revealing that the complainant had not witnessed the incident and relied on information from witnesses who later recanted their statements. The court found that the prosecution's evidence was insufficient, with forensic reports failing to link the accused to the crime. The ruling underscores key legal principles regarding the presumption of innocence and the necessity for the prosecution to establish guilt beyond a reasonable doubt. The decision to acquit reflects the court's commitment to justice and the protection of individual rights, particularly in serious criminal allegations. This case serves as a critical reference point for future legal proceedings involving similar evidentiary issues. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SARDAR TARIQ MASOOD, JUSTICE,
SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE,
JAMAL KHAN MANDOKHAIL, JUSTICE
|
| Lawyers |
Raja Muhammad Rizwan Ibrahim Satti, Advocate Supreme Court,
Muhammad Jaffer, Additional P.G. for the State
|
| Petitioners |
Bashir Muhammad Khan
|
| Respondents |
The State
|
| Citations |
2022 SLD 1148,
2022 SCMR 986
|
| Other Citations |
Abdul Khaliq v. The State 1996 SCMR 1553,
Noor Muhammad v. The State 2020 SCMR 1049
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
161,
342
|