| Case ID |
36edcfc2-7d9e-494c-8dbc-b19016d24b1f |
| Body |
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| Case Number |
Criminal Appeal No. 448 of 1968 |
| Decision Date |
Sep 25, 1971 |
| Hearing Date |
|
| Decision |
The appeal of Imam Bux was allowed based on the lack of corroborative evidence against him. The court found that the only evidence linking him to the crime was the testimony of the complainant, Pehalwan, which was not supported by other witnesses. Since the other witnesses did not identify Imam Bux as being among the culprits, the court concluded that he was entitled to the benefit of the doubt and acquitted him of the charges. The judgment emphasized the importance of corroboration in criminal cases and highlighted that a conviction cannot be based solely on uncorroborated testimony. |
| Summary |
In the case of Imam Bux vs. The State, the Sindh High Court addressed the appeal of Imam Bux, who was convicted under sections 396 of the Pakistan Penal Code and 13(d) of the West Pakistan Arms Act, 1965. The case revolved around an incident where two individuals were killed during a dacoity involving the theft of buffaloes. The complainant, Pehalwan, alleged that Imam Bux was among the assailants. However, the court found that the evidence provided by the complainant was not corroborated by other witnesses. The witnesses did not identify Imam Bux as being present during the crime, leading the court to grant him the benefit of the doubt. The decision underscored the necessity for reliable evidence in criminal proceedings and reinstated the principle that the prosecution bears the burden of proof beyond a reasonable doubt. This case serves as a significant reference for legal practitioners regarding the standards of evidence required for convictions in serious offenses such as murder and armed robbery. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
IMDAD ALI H. AGHA
|
| Lawyers |
Not available
|
| Petitioners |
Imam Bux
|
| Respondents |
The State
|
| Citations |
1973 SLD 355,
1973 PCRLJ 105
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code,
West Pakistan Arms Act, 1965
|
| Sections |
396,
13(d)
|