| Case ID |
2d47c90a-8945-47e6-90a3-0906c0d8d167 |
| Body |
View case body. Login to View |
| Case Number |
Cr. A. No. 97 of 1998 |
| Decision Date |
May 29, 2014 |
| Hearing Date |
May 29, 2014 |
| Decision |
The Peshawar High Court dismissed the appeal against the acquittal of Fazal Hakim in a case involving serious charges under sections 302, 324, and 337A of the Pakistan Penal Code. The court upheld the trial court's decision, citing numerous inconsistencies in the prosecution's evidence and emphasizing the principle of double presumption of innocence. The court noted that the witnesses' testimonies were contradictory and that there was a significant delay in lodging the FIR, coupled with a lack of corroborating evidence. The court reiterated that the burden of proof lies with the prosecution to establish the case beyond a reasonable doubt, and in this instance, the evidence did not meet that threshold, leading to the dismissal of the appeal. |
| Summary |
In the case of Cr. A. No. 97 of 1998, the Peshawar High Court addressed serious allegations against the accused, Fazal Hakim, who was charged with murder and attempted murder under the Pakistan Penal Code. The prosecution presented multiple witnesses, including injured parties, but the court found substantial inconsistencies in their testimonies, particularly regarding the timeline and the sequence of events surrounding the incident. The FIR was lodged with a considerable delay, which raised doubts about the reliability of the accounts provided by the witnesses. The High Court emphasized the importance of the presumption of innocence, especially in cases where the accused had already been acquitted by the trial court. The court concluded that the prosecution failed to prove its case beyond a reasonable doubt, leading to the dismissal of the appeal against the acquittal. This case highlights the critical importance of credible witness testimony and the procedural integrity of law enforcement in criminal proceedings. The judgment serves as a reminder of the legal principle that any doubt should benefit the accused, reinforcing the foundation of justice in the legal system. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL LATIF KHAN,
LAL JAN KHATTAK
|
| Lawyers |
Advocate General, Khyber Pakhtunkhwa
|
| Petitioners |
State
|
| Respondents |
FAZAL HAKIM
|
| Citations |
2016 SLD 1367 = 2016 MLD 61
|
| Other Citations |
Muhammad Shafi v. Muhammad Raza and another 2008 SCMR 329,
Muhammad Yaqoob v. Manzoor Hussain and 3 others 2008 SCMR 1549
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
324,
337A,
265,
342,
417(2-A)
|