| Case ID |
2cd9919f-3d35-43f1-99e6-b7c79f0d3732 |
| Body |
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| Case Number |
Criminal Revision Application No. 104 of 1966 |
| Decision Date |
Dec 14, 1967 |
| Hearing Date |
|
| Decision |
The revision application was allowed, and the applicant's conviction and sentence were set aside. The court found that the prosecution failed to establish that the applicant acted rashly or negligently when driving the rickshaw. Key testimony from the sole eyewitness, Inayat, was deemed insufficient to sustain the conviction, as it did not conclusively prove the applicant's guilt under section 304-A of the Pakistan Penal Code. The court emphasized the need for direct evidence of rashness or negligence, which was lacking in this case. The notice for enhancement of sentence was also discharged. |
| Summary |
In this case, Muhammad Yakub Rathore faced charges under section 304-A of the Pakistan Penal Code for causing death by negligence following a vehicular incident. The Sindh High Court reviewed the conviction made by the trial court and subsequently dismissed it, emphasizing the lack of concrete evidence linking the accused to reckless driving. The court scrutinized the testimonies presented, particularly from the eyewitness, Inayat, who claimed the applicant was driving at high speed. However, the court found that such claims did not meet the legal standards required for a conviction under the applicable law. The ruling highlighted the importance of direct evidence in establishing negligence in vehicular cases. The decision serves as a critical reminder of the judicial standards for proving guilt in criminal negligence cases, particularly regarding the necessity of clear, direct evidence correlating the accused's actions to the alleged offense. This case underscores the legal principles surrounding vehicular manslaughter and the evidentiary burden on the prosecution in negligence cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
G. SAFDAR SHAH, J
|
| Lawyers |
Not available
|
| Petitioners |
Muhammad Yakub Rathore
|
| Respondents |
The State
|
| Citations |
1968 SLD 329,
1968 PCRLJ 1438
|
| Other Citations |
Ghulam Muhammad v. The Crown (P L D 1953 Lah. 260),
Muhammad Yakoob v. The State (P L D 1959 Kar. 30)
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
304-A
|