| Case ID |
2ca6eab9-33a9-4627-bc5d-d9f87cf1af46 |
| Body |
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| Case Number |
A.T.A. Criminal Appeal No. (S) 79 of 2013 |
| Decision Date |
Jan 02, 2014 |
| Hearing Date |
Dec 04, 2013 |
| Decision |
The Balochistan High Court accepted the appeal of the appellant, Shahmeer, and set aside the conviction and sentence handed down by the Trial Court. The court found that the prosecution failed to prove its case beyond a reasonable doubt, largely due to the reliance on inadmissible evidence and misappreciation of facts. The court highlighted that the disclosure made by the appellant to the police was not admissible and noted that the statements of prosecution witnesses did not implicate the appellant sufficiently. Consequently, the appellant was acquitted and ordered to be released. |
| Summary |
The case involves the appeal of Shahmeer against his conviction under section 302(c) of the Penal Code for the murder of Abdul Razzak. The Balochistan High Court reviewed the evidence presented, focusing on the admissibility of witness statements and police disclosures. The court found significant flaws in the prosecution's case, including reliance on hearsay and inadmissible statements, which led to the conclusion that the appellant was not proven guilty beyond a reasonable doubt. The judgment underscored the importance of adhering to legal standards regarding evidence and the rights of the accused, ultimately leading to Shahmeer's acquittal. This case emphasizes the critical nature of proper evidence handling in criminal proceedings, ensuring fair trials and justice for the accused. Keywords include appeal, acquittal, evidence, prosecution, and judicial review. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD EJAZ SAWATI,
NAEEM AKHTAR AFGHAN
|
| Lawyers |
Ahsan Rafique Rana,
Muhammad Rasheed,
Abdullah Kurd
|
| Petitioners |
SHAHMEER
|
| Respondents |
The STATE
|
| Citations |
2014 SLD 2545,
2014 YLR 1138
|
| Other Citations |
Sh. Muhammad Amjad v. The State PLD 2003 SC 704,
Shaukat Ali v. The State 2005 MLD 1470,
Muhammad Sarfraz v. The State PLD 2013 SC 386
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(c)
|