| Case ID |
2dd231c4-b01b-4937-aa6f-941284602c5d |
| Body |
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| Case Number |
Criminal Acquittal Appeal No. 386 of 2017 |
| Decision Date |
Mar 19, 2018 |
| Hearing Date |
Feb 13, 2018 |
| Decision |
The Sindh High Court maintained the judgment of acquittal passed by the learned Xth Judicial Magistrate, Malir Karachi, in Old Criminal Case No.443/2014 and New Criminal Case No. 12/2017, stating that the prosecution failed to establish the guilt of the accused beyond a reasonable doubt. The court emphasized that the presumption of innocence is significantly heightened in cases of acquittal. The appeal was dismissed as the evidence presented did not show any illegality or infirmity in the trial court's decision, reiterating the importance of credible evidence in criminal proceedings. |
| Summary |
The case revolves around a criminal acquittal appeal concerning allegations of dishonestly issuing a cheque, criminal breach of trust, and common intention under the Pakistan Penal Code. The complainant, Aman Khan, accused Ahtisham Khan and others of misappropriating funds and issuing a dishonored cheque. The court examined the contradictory statements from both the complainant and the accused, leading to the determination that the prosecution did not meet the burden of proof required for conviction. The judgment highlights the critical legal principles surrounding the presumption of innocence and the standards for overturning an acquittal, underscoring the judicial system's commitment to justice and due process. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MRS. KAUSAR SULTANA HUSSAIN
|
| Lawyers |
Ms. Asma Khan,
Nazeer Ahmed Tanoli
|
| Petitioners |
AMANULLAH KHAN
|
| Respondents |
3 OTHERS,
AHTISHAM KHAN
|
| Citations |
2020 SLD 216,
2020 PCRLJ 152
|
| Other Citations |
2010 SCMR 806,
Feroz Khan v. State 1991 SCMR 2220,
State through Mehmood Ahmed Butt v. Sharaf Uddin Shaikh and others 2013 SCMR 565,
Haji Paio Khan v. Sher Biaz and others 2009 SCMR 803,
Muhammad Ijaz Ahmed v. Fahim Afzal 1998 SCMR 1281
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
34,
406,
489-F,
245(i),
342,
417
|