| Case ID |
2cf07805-08a6-4f17-8d56-48df9381f8a8 |
| Body |
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| Case Number |
Criminal Appeal No. 315 of 2012 |
| Decision Date |
Mar 07, 2017 |
| Hearing Date |
Mar 07, 2017 |
| Decision |
The Supreme Court allowed the appeal of Nasrullah alias Nasro, acquitting him of the charge of murder under section 302(b) of the Penal Code. The court found that the prosecution had failed to prove its case beyond reasonable doubt. Key reasons for this decision included the lack of credible eyewitness testimony, contradictions in medical evidence, and a failure to establish a motive. The court emphasized that the mere presence of the accused in the house where the murder occurred was insufficient for conviction, and the accused was entitled to the benefit of doubt. The previous conviction and death sentence were set aside, and Nasrullah was ordered to be released from jail if not required in connection with any other case. |
| Summary |
The case of Nasrullah alias Nasro revolved around the alleged murder of his wife, Mst. Hameed Bibi, which took place on April 29, 2010. The Supreme Court scrutinized the evidence presented, particularly focusing on the credibility of eyewitnesses and the medical reports. The complainant, Zahir Khan, was not an eyewitness and had only received information about the incident via phone. The court highlighted the unusual behavior of the alleged eyewitnesses, who failed to assist the victim or provide coherent accounts. The court ruled that the prosecution did not meet the burden of proof required for a conviction, thereby underscoring the legal principle that an accused is presumed innocent until proven guilty. This case serves as a critical examination of evidentiary standards in criminal proceedings and reinforces the necessity for the prosecution to establish a clear and compelling case against the accused. The decision also affirms the importance of the benefit of doubt in favor of the accused in criminal law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASIF SAEED KHAN KHOSA,
DOST MUHAMMAD KHAN,
SARDAR TARIQ MASOOD
|
| Lawyers |
Malik Shakeel-ur-Rehman Khan,
Tariq Mehmood,
Syed Rifaqat Hussain Shah,
Tahir Iqbal Khattak
|
| Petitioners |
NASRULLAH ALIAS NASRO
|
| Respondents |
THE STATE
|
| Citations |
2017 SLD 1808,
2017 SCMR 724
|
| Other Citations |
Arshad Mehmood v. The State 2005 SCMR 1524,
Saeed Ahmed v. The State 2015 SCMR 710,
Abdul Majeed v. The State 2011 SCMR 941
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|