| Case ID |
3760598d-5674-435c-b421-72ec762330c4 |
| Body |
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| Case Number |
Criminal Appeal No. 03-K of 2013 |
| Decision Date |
Oct 25, 2018 |
| Hearing Date |
|
| Decision |
The Federal Shariat Court dismissed the appeal against the acquittal of the accused due to failure of the prosecution to establish the charges beyond reasonable doubt. The court emphasized the principle of double presumption of innocence and noted that the trial court had correctly extended the benefit of doubt to the accused. The court found that the prosecution's case was fraught with delays and inconsistencies, particularly regarding the timing of the complaint and the involvement of the complainant in narcotics-related offenses. The court upheld the trial court's findings that the prosecution had failed to provide credible evidence to support the claim of robbery and wrongful confinement. As a result, the court concluded that there was no basis for interference in the acquittal order. |
| Summary |
In the case of The State vs. Rehmatullah Marwat and Others, the Federal Shariat Court addressed serious allegations against police personnel accused of robbery and wrongful confinement. The court scrutinized the prosecution's evidence, noting significant delays in filing the complaint and the complainant's prior involvement in narcotics cases. The court upheld the principle that an accused earns a double presumption of innocence upon acquittal, making it difficult for the appellate court to overturn such a ruling unless clear evidence of miscarriage of justice is presented. Ultimately, the court found that the prosecution failed to prove its case beyond reasonable doubt, leading to the dismissal of the appeal against acquittal. This case highlights the critical balance of justice and the importance of credible evidence in criminal proceedings. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
MEHMOOD MAQBOOL BAJWA,
JUSTICE SYED MUHAMMAD FAROOQ SHAH
|
| Lawyers |
Ashraf Ali Butt,
Saleem Akhter Buriro
|
| Petitioners |
THE STATE
|
| Respondents |
3 OTHERS,
REHMATULLAH MARWAT
|
| Citations |
2019 SLD 663,
2019 PCRLJ 420
|
| Other Citations |
Sheo Swarup and others v. King Emperor AIR 1934 PC 227 (2),
Ghulam Sikandar and another v. Mamraz Khan and others PLD 1985 SC 11,
Fazalur Rehman v. Abdul Ghani and another PLD 1977 SC 529,
The State and others v. Abdul Khaliq and others PLD 2011 SC 554,
Azhar Ali v. The State PLD 2010 SC 632,
Khadim Hussain v. Manzoor Hussain Shah and 3 others 2002 SCMR 261,
Fateh Muhammad Kobhar v. Sabzal and 4 others 2013 PCr.LJ 374,
Mst. Salma Bibi v. Niaz alias Billa and 2 others 2011 PCr.LJ 856,
Ghulam Hussain alias Hussain Bakhsh and 4 others v. The State and another PLD 1994 SC 31,
Qurban Hussain alias Ashiq v. The State 2010 SCMR 1592,
Intizar Hussain v. Hamza Ameer and others 2017 SCMR 633
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898),
Offences Against Property (Enforcement of Hudood) Ordinance 1979
|
| Sections |
34,
220,
344,
452,
417(2-A),
17(3)
|