| Case ID |
304a0025-9892-4d8b-bd21-ba9f36e631ba |
| Body |
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| Case Number |
Crl. Appeals Nos. 77/L, 85/L of 2009, 65/L of 2010 |
| Decision Date |
Aug 27, 2013 |
| Hearing Date |
|
| Decision |
The Federal Shariat Court allowed the appeals of the appellants, Shahnawaz, Arshad Munir, and Waseem Ahmad, and set aside the convictions and sentences imposed by the trial court. The court found that the prosecution failed to prove the essential elements of the charges against the appellants, including the knowledge and intention required under Section 201 of the Pakistan Penal Code. The court highlighted significant discrepancies in witness testimonies and emphasized the principle of benefit of doubt applicable in criminal cases. Consequently, the appeals were granted, and the appellants were ordered to be released from custody. |
| Summary |
In the case of Shahnawaz & others vs State, the Federal Shariat Court addressed multiple criminal appeals concerning the murder of Mst. Muradan and Mst. Kalsoom, who were allegedly murdered after committing zina. The court analyzed the evidence presented, noting significant inconsistencies among witness testimonies and the absence of direct evidence linking the appellants to the murders. The court underscored the importance of the prosecution's burden of proof and the implications of the benefit of doubt. The judgment emphasized that the mere act of burying the bodies, observed by witnesses, did not establish guilt without corroborating evidence of murder. This case underscores critical legal principles regarding the presumption of innocence, the necessity of credible evidence, and the rigorous standards required for criminal convictions. The court ultimately set aside the convictions, illustrating the judicial commitment to uphold justice and the rule of law. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
Rizwan Ali Dodani,
Sheikh Ahmad Farooq,
Shahzado Shaikh
|
| Lawyers |
Shahbaz A. Rizvi,
M. Abdul Sattar Chughtai,
Manzoor Hussain Butt
|
| Petitioners |
Waseem Ahmad,
Shahnawaz,
Arshad Munir
|
| Respondents |
State
|
| Citations |
2015 SLD 1331 = 2015 PLJ 6
|
| Other Citations |
PLD 1963 Peshawar-178
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance, 1979,
Pakistan Penal Code
|
| Sections |
10,
302(b),
201
|