| Case ID |
2e2e329b-555e-4925-a7da-b68b71204b73 |
| Body |
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| Case Number |
Criminal Jail Appeal No. 689 and Confirmation Case |
| Decision Date |
Apr 28, 2021 |
| Hearing Date |
Apr 20, 2021 |
| Decision |
The Sindh High Court allowed the appeal against the conviction of Adnan Abbasi, stating that the prosecution failed to prove its case beyond a reasonable doubt. The court highlighted significant delays in lodging the FIR, lack of eye-witness testimony, and the involuntary nature of the appellant's confession, which was made under duress. The court emphasized that the benefit of the doubt must be afforded to the accused, leading to his acquittal of the charges and the negative answer to the confirmation reference. |
| Summary |
In the case of Adnan Abbasi vs. The State, the Sindh High Court addressed serious concerns about the integrity of the prosecution's case. The appellant, Adnan Abbasi, was accused of murder under various sections of the Penal Code, but the court found that the FIR was lodged significantly late and without proper explanation, leaving room for potential concoction. The court noted that the prosecution's primary evidence was based on a confession, which was retracted and deemed involuntary due to coercion and threats to the appellant's family. The lack of corroborative evidence, including the absence of the complainant's daughter as a witness and the failure to present call data records linking the appellant to the crime, further weakened the prosecution's case. Ultimately, the court ruled that the prosecution did not meet the burden of proof required for conviction, resulting in the appellant's acquittal. This case underscores the critical principle that the prosecution must establish guilt beyond a reasonable doubt, ensuring that the rights of the accused are upheld in the judicial process. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMED KARIM KHAN AGHA,
ABDUL MOBEEN LAKHO
|
| Lawyers |
Khaleeq Ahmed for Appellant,
Muhammad Iqbal Awan, Deputy Prosecutor General for the State,
Azizullah Khan for the Complainant
|
| Petitioners |
ADNAN ABBASI
|
| Respondents |
THE STATE
|
| Citations |
2022 SLD 695,
2022 PCRLJ 376
|
| Other Citations |
Muhammad Mansha v. The State 2018 SCMR 772,
Mah Gul v. The State 2009 SCMR 4,
Wazir Muhammad and another v. The State 2005 SCMR 277,
Qaddan and others v. The State 2017 SCMR 148,
Syed Mehroz Mehdi Zaidi alias Mehdi Badshah v. The State 2020 MLD 1344,
Nizam-ud-Din v. Riaz and another 2010 SCMR 457,
Azeem Khan and another v. Mujahid Khan and others 2016 SCMR 274,
Muhammad Ismail and others v. The State 2017 SCMR 898,
Tariq Pervez v. The State 1995 SCMR 1345
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
201,
202,
34,
164
|