| Case ID |
3212f032-e4ac-4df8-8726-5b57cf454dc3 |
| Body |
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| Case Number |
Crl. Appeal No. 73 of 2007 |
| Decision Date |
Jun 03, 2009 |
| Hearing Date |
|
| Decision |
The appeal filed by Hanif Ullah against his conviction under Section 302(b) PPC was accepted. The court found substantial discrepancies between the ocular testimony of the sole witness and the medical evidence. The inconsistencies raised significant doubts regarding the reliability of the witness, who was both a relative and a chance witness. The medical evidence conflicted with the account given by the complainant, indicating that the deceased was not shot in the manner described. The court concluded that the prosecution had failed to prove the case beyond a reasonable doubt. Consequently, Hanif Ullah's conviction was overturned, and he was acquitted. The acquittal of the co-accused was maintained, and the appeal for enhancement of sentence was dismissed. |
| Summary |
In the case of Crl. Appeal No. 73 of 2007, the Peshawar High Court examined the conviction of Hanif Ullah for murder under Section 302(b) of the Pakistan Penal Code. The court scrutinized the evidence presented, particularly focusing on the credibility of the sole eyewitness, Muhammad Saeed Jan, who was also a relative of the deceased. The ruling emphasized the necessity of corroborative evidence when dealing with solitary eyewitness accounts, especially in capital cases. The court found that the medical evidence contradicted the witness's account, leading to a conclusion that the prosecution had not met the burden of proof required for a conviction. The decision underscores the importance of reliable evidence and the principle of 'innocent until proven guilty' in the judicial process. The outcome highlights the court's obligation to ensure justice is served, particularly in cases involving serious charges like murder. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED YAHYA ZAHID GILANI,
M. ALAM KHAN
|
| Lawyers |
Mr. Abdul Latif Khan Baloch,
Mr. Saleem Ullah Khan Ranazai,
Mr. Ghulam Hur Khan Baloch
|
| Petitioners |
Hanif Ullah Alias Hanif
|
| Respondents |
STATE AND ANOTHER
|
| Citations |
2010 SLD 821,
2010 PLJ 204
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302(b)
|