| Case ID |
2d31bed3-c734-4e4e-9a8c-89aa8ac69d67 |
| Body |
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| Case Number |
Crl. Appeal No. 420 of 2011 and M.R. No. 93 of 201 |
| Decision Date |
May 23, 2016 |
| Hearing Date |
May 23, 2016 |
| Decision |
The appeal filed by Ghulam Mustafa against his conviction and sentence of death under Section 302(b) PPC was allowed. The court found that the prosecution failed to prove its case beyond reasonable doubt, as the ocular testimony was unreliable and not corroborated by medical evidence. The judgment of the trial court was set aside, and Ghulam Mustafa was ordered to be released if not required in any other case. |
| Summary |
In the case of Ghulam Mustafa vs. State, the appellant was convicted of murder under Section 302(b) of the Pakistan Penal Code. The conviction was based on ocular testimony from two witnesses, who claimed to have witnessed the shooting. However, the defense argued that these witnesses were chance witnesses and that their accounts were inconsistent with medical evidence. The court found significant discrepancies in the testimonies, including the absence of corroborating witnesses from the crowded bazaar where the incident occurred. Ultimately, the High Court determined that the evidence presented by the prosecution was insufficient to sustain a conviction, leading to the reversal of the trial court's decision. The case underscores the importance of reliable eyewitness accounts and the necessity for the prosecution to meet the burden of proof in criminal cases. |
| Court |
High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. MUSHTAQ AHMAD,
SARDAR AHMED NAEEM
|
| Lawyers |
Mr. Prince Rehan Iftikhar Sheikh,
Arslan Masood Sheikh,
Mr. Riaz Ahmed Saghla
|
| Petitioners |
Ghulam Mustafa
|
| Respondents |
State
|
| Citations |
2016 SLD 1650,
2016 PLJ 702
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Code of Criminal Procedure, 1898
|
| Sections |
302(b),
544-A
|