| Case ID |
31a3031f-4729-49a6-a987-a29aa8e197f5 |
| Body |
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| Case Number |
Criminal Jail Appeal No. D-115 of 2015 |
| Decision Date |
Nov 24, 2020 |
| Hearing Date |
Nov 24, 2020 |
| Decision |
The Sindh High Court allowed the appeal against the conviction of the appellants, Vijay Kumar and Abbas Mallah, who were previously sentenced under various sections of the Penal Code and the Anti-Terrorism Act. The court found that the prosecution had not proven its case beyond a reasonable doubt, citing significant contradictions in witness statements and a lack of corroborative evidence. The absence of direct eyewitness accounts, coupled with the questionable motive for the alleged abduction and murder, led to the conclusion that the appellants were entitled to the benefit of the doubt. Consequently, the court set aside the earlier judgment and acquitted the appellants, ordering their immediate release. |
| Summary |
This case involves a criminal appeal regarding the conviction of two individuals, Vijay Kumar and Abbas Mallah, accused of kidnapping and murder, along with other serious charges under the Penal Code and the Anti-Terrorism Act. The incident occurred on April 20, 2013, when the complainant reported that his son, Vishal, had been abducted for ransom, subsequently leading to his murder. The prosecution's case relied heavily on the testimony of eyewitnesses and medical evidence; however, significant contradictions emerged during the trial. Notably, the witness statements varied, and there was a lack of concrete evidence linking the accused to the crime. The prosecution failed to provide a sperm test report or any direct evidence of sodomy, raising doubts about the credibility of the accusations. The court emphasized the importance of proving guilt beyond a reasonable doubt and concluded that the prosecution's case was insufficient to uphold the conviction. As a result, the High Court acquitted the appellants, highlighting the necessity of reliable evidence in criminal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SHAFI SIDDIQUI,
IRSHAD ALI SHAH
|
| Lawyers |
Syed Zeeshan Shah,
Mrs. Razia Ali Zaman,
Mrs. Rameshan Oad
|
| Petitioners |
VIJAY KUMAR,
ABBAS MALLAH
|
| Respondents |
THE STATE
|
| Citations |
2021 SLD 1511,
2021 YLR 1021
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Anti Terrorism Act, 1997
|
| Sections |
302,
365-A,
377,
201,
34,
7(e)
|