| Case ID |
32469bca-b244-4af9-89c3-f00b63a29ae4 |
| Body |
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| Case Number |
Criminal Acquittal Appeal No. S-8 of 2008 |
| Decision Date |
May 22, 2008 |
| Hearing Date |
May 22, 2008 |
| Decision |
The Sindh High Court set aside the acquittal of the accused under Section 249-A of the Criminal Procedure Code, finding that the trial court had improperly applied the law regarding the non-appearance of prosecution witnesses. The court noted that the complainant and witnesses had attended the court on 44 out of 46 scheduled hearings, and the trial court had failed to adequately pursue the case and provide the necessary time for witness procurement. The case was remanded to the trial court for a proper trial according to law. |
| Summary |
This case revolves around a criminal acquittal appeal concerning alleged corruption involving public servants. The complainant, a primary school teacher, accused the respondents of demanding bribes and misappropriating funds intended for educational purposes. The trial court acquitted the accused based on the non-appearance of the complainant's witnesses, citing Section 249-A of the Criminal Procedure Code. However, the Sindh High Court found this decision unwarranted, highlighting the complainant's substantial attendance and the trial court's failure to effectively manage the proceedings. This ruling emphasizes the importance of due process and the necessity for courts to uphold justice, particularly in corruption cases where public trust is at stake. Keywords: corruption, acquittal appeal, public servants, Sindh High Court, justice, due process. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUR REHMAN FARUQ PIRZADA, J
|
| Lawyers |
Not available
|
| Petitioners |
ALI ASGHAR
|
| Respondents |
,
MAZHAR ASIM
|
| Citations |
2008 SLD 2639,
2008 PLD 410
|
| Other Citations |
1997 PCr.LJ 1626,
Faiz Muhammad v. Abdur Raoof and others 1999 PCr.LJ 864,
2000 MLD 220,
PLD 1970 SC 173,
PLD 1964 SC 829,
Muhammad Sharif v. Jamshed Ali and others PLD 1996 Lah. 471,
Nazir Muhammad v. Gawa and 3 others 1988 PCr.LJ 2309
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Prevention of Corruption Act, 1947,
Pakistan Penal Code, 1860
|
| Sections |
417(2),
247,
249A,
5(2),
161,
163,
167,
408,
467
|