| Case ID |
378b048c-d67d-4fad-a574-46e52a94fe71 |
| Body |
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| Case Number |
Criminal Appeal No.86-M of 2012 |
| Decision Date |
Sep 07, 2012 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the appeal against the acquittal of the respondents, Kaki Khan and Ghuncha Gul, by the Additional Sessions Judge, citing a lack of sufficient evidence to overturn the trial court's decision. The court highlighted that the prosecution failed to prove its case beyond reasonable doubt, as there were significant contradictions in witness testimonies, unexplained delays in lodging the FIR, and a lack of corroborative evidence linking the accused to the crime. The judges noted that the benefit of doubt must be given to the accused when the evidence is inconsistent and unreliable. |
| Summary |
In this case, Mst. Zahida appealed against the acquittal of Kaki Khan and Ghuncha Gul for the murder of her father-in-law, which occurred on February 13, 2007. The Peshawar High Court reviewed the evidence presented during the trial, focusing on the credibility of witness accounts and the prosecution's failure to provide compelling evidence of guilt. The court emphasized the importance of the burden of proof resting with the prosecution, and the principle that any reasonable doubt must benefit the accused. The appeal was dismissed, affirming the trial court's decision due to inherent weaknesses in the prosecution's case, including contradictory statements from witnesses and a lack of direct evidence linking the accused to the crime scene. The ruling underscores the legal standards for criminal appeals in Pakistan, particularly regarding the assessment of evidence and the presumption of innocence until proven guilty. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MAZHAR ALAM KHAN MIANKHEL,
ASSADULLAH KHAN CHAMKANI
|
| Lawyers |
Sanaullah Yousafzai
|
| Petitioners |
Mst. ZAHIDA
|
| Respondents |
,
KAKI KHAN
|
| Citations |
2013 SLD 2001,
2013 YLR 223
|
| Other Citations |
Rohtas Khan v. The State 2010 SCMR 566,
Mir Mat Khan alias Matokai v. The State 2002 PCr.LJ 1914
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
302/34,
417
|