| Case ID |
3073e317-7fb2-47cb-b580-5cc45576c19b |
| Body |
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| Case Number |
Criminal Appeal No. 297 of 2020 |
| Decision Date |
Jan 18, 2023 |
| Hearing Date |
Jan 18, 2023 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of Amir Muhammad Khan and acquitted him of the charge of murder under section 302(b) of the Penal Code. The court found that the prosecution had failed to prove its case beyond reasonable doubt, highlighting the delayed FIR, lack of independent evidence of motive, and contradictions between eyewitness accounts and medical evidence. The court emphasized that the benefit of the doubt must go to the accused if there is any uncertainty in the prosecution's case. |
| Summary |
The case revolves around Amir Muhammad Khan, who was accused of murdering his father, Adam Khan. The prosecution's case was primarily based on the testimony of a sole eyewitness and medical evidence, both of which were found to have significant contradictions. The Supreme Court noted that there was a considerable delay in lodging the FIR, which raised questions about the credibility of the prosecution's case. Furthermore, the court observed that the prosecution failed to establish a clear motive for the murder. The judgment emphasized the legal principle that it is better for a hundred guilty individuals to go free than for one innocent person to be wrongly convicted. This case is significant as it underscores the importance of proving the prosecution's case beyond reasonable doubt and the rights of the accused. The ruling reinforces the doctrine of benefit of the doubt, which is a fundamental aspect of criminal law. The decision highlights the courts' role in ensuring that justice is served fairly and that the legal standards are upheld in every case. Keywords: murder, acquittal, benefit of the doubt, prosecution, eyewitness, legal principles, Supreme Court, criminal appeal. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAYYED MAZAHAR ALI AKBAR NAQVI,
JAMAL KHAN MANDOKHAIL,
ATHAR MINALLAH
|
| Lawyers |
Mrs. Kausar Irfan Bhatti,
Mirza Abid Majeed
|
| Petitioners |
AMIR MUHAMMAD KHAN
|
| Respondents |
The STATE
|
| Citations |
2023 SLD 566,
2023 SCMR 566
|
| Other Citations |
Mst. Asia Bibi v. The State PLD 2019 SC 64,
Tariq Pervaiz v. The State 1995 SCMR 1345,
Ayub Masih v. The State PLD 2002 SC 1048,
Abdul Jabbar v. State 2019 SCMR 129
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|