| Case ID |
2d1a160c-5bc8-41c7-9cde-67abea8d0807 |
| Body |
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| Case Number |
Criminal Appeal No.44 of 2006 |
| Decision Date |
May 11, 2010 |
| Hearing Date |
May 11, 2010 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of the appellants, Muhammad Asghar alias Nannah and Miraj Khalid alias Khalid, setting aside their conviction and sentences awarded by the trial court. The Court found that the prosecution had not proved the case against the accused beyond a reasonable doubt. It was emphasized that the names of the appellants were not mentioned in the FIR, and they had not been subjected to an identification test despite being in custody in other cases. The evidence presented was insufficient to establish their guilt, leading to the conclusion that they were entitled to the benefit of the doubt. Consequently, the appellants were acquitted of all charges and ordered to be set at liberty if not required in any other case. |
| Summary |
In the landmark case of Criminal Appeal No.44 of 2006, the Supreme Court of Pakistan addressed critical issues surrounding the burden of proof in criminal trials. The case involved appellants Muhammad Asghar alias Nannah and Miraj Khalid alias Khalid, who were convicted for the murders of police officials. The apex court underscored the principle that the prosecution must establish guilt beyond a reasonable doubt, a fundamental tenet of the criminal justice system. The Court observed that the prosecution's reliance on ocular evidence without proper identification procedures raised substantial doubts regarding the appellants' involvement. The decision highlighted the significance of the presumption of innocence, which remains intact until the prosecution meets its burden. The case serves as a vital reference for future criminal proceedings, emphasizing that mere suspicion or conjecture cannot suffice for conviction. The Court's ruling reinforced the importance of thorough and credible evidence in ensuring justice and protecting the rights of the accused. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Nasir-ul-Malik,
Jawwad S. Khawaja,
Rahmat Hussain Jafferi
|
| Lawyers |
M. Zaman Bhatti, Advocate Supreme Court,
Syed Ali Imran, Deputy Prosecutor-General for the State
|
| Petitioners |
Muhammad Asghar alias Nannah,
Miraj Khalid alias Khalid
|
| Respondents |
The State
|
| Citations |
2010 SLD 2860,
2010 SCMR 1706
|
| Other Citations |
Muhammad Rafique v. State 2010 SCMR 385,
Khalid Javed v. State 2003 SCMR 1419,
Falak Sher v. State 1995 SCMR 1350,
R. v. Lifchus, [1997] 3 S.C.R. 320,
State v. Griffin, 253 Conn. 195, 206 (2000),
State v. Morant, 242 Conn. 666, 688 (1997),
State v. Velasco, 253 Conn. 210, 249 (2000),
State v. Torres, 82 Conn. App. 823, 836-37 (2004),
R. v. Girard (1996), 109 C.C.C. (3d) 545,
R. v. Bergeron (1996), 109 C.C.C. (3d) 571 (Que. C.A.),
Shadeo Gosain v. Emperor 46 Cr.LJ 1945,
Asghar Ali v. The State 1992 SCMR 2088,
Tayyab v. The State 1995 SCMR 412,
Modi's Medical Jurisprudence
|
| Laws Involved |
Penal Code (XLV of 1860),
Qanun-e-Shahadat (10 of 1984),
Constitution of Pakistan (1973)
|
| Sections |
302(b),
34,
22,
121,
122,
185(3)
|