| Case ID |
3238cbbf-4f3c-4064-b9a1-bd018bc0d502 |
| Body |
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| Case Number |
Jail Petition No. 403 of 2018 |
| Decision Date |
Jun 06, 2022 |
| Hearing Date |
Jun 06, 2022 |
| Decision |
The Supreme Court of Pakistan ruled in favor of the petitioner, Kashif Ali, acquitting him of the charges against him. The court found significant doubts in the prosecution's case, noting the lack of credible evidence and the inconsistencies in witness statements. The court highlighted that the complainant was neither an eye-witness nor a resident of the crime scene, and the delay in filing the FIR raised serious questions about the reliability of the prosecution's narrative. The evidence presented, including the alleged dying declaration and recoveries, were deemed insufficient to sustain a conviction. The judgment set aside the earlier conviction and sentences imposed by the lower courts, thereby granting the petitioner his freedom. |
| Summary |
In the case of Jail Petition No. 403 of 2018, the Supreme Court of Pakistan addressed the appeal of Kashif Ali against a conviction for murder under Penal Code Section 302(b). The court critically examined the prosecution's evidence, which was found lacking due to material contradictions and a significant delay in filing the FIR. The complainant's role was questioned as he was not an eyewitness. The court noted that the alleged dying declaration was recorded under dubious circumstances, and key witnesses were not produced in court. Ultimately, the court ruled that the prosecution had failed to prove its case beyond a reasonable doubt, leading to the acquittal of the accused. This ruling underscores the importance of credible evidence and the presumption of innocence in criminal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IJAZ UL AHSAN,
MUNIB AKHTAR,
SAYYED MAZAHAR ALI AKBAR NAQVI
|
| Lawyers |
Dil Muhammad Khan Alizai,
Syed Rifaqat Hussain Shah,
Ahmed Raza Gillani
|
| Petitioners |
KASHIF ALI alias KALU
|
| Respondents |
The STATE,
another
|
| Citations |
2022 SLD 1194,
2022 SCMR 1515
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
302(b),
46
|