| Case ID |
38218f0c-5186-4445-89c8-67d2572cb835 |
| Body |
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| Case Number |
Criminal Appeal No. 661 of 2011 |
| Decision Date |
Dec 14, 2012 |
| Hearing Date |
|
| Decision |
The High Court upheld the acquittal of the accused based on the failure of the prosecution to establish its case through reliable evidence. The identification parade conducted did not result in the identification of the accused by either the abductee or the police, raising serious doubts regarding the occurrence as stated by the prosecution. The Court emphasized the principle that after an acquittal, the accused enjoys a double presumption of innocence, and the appellate court should only reverse such a judgment if it is found to be arbitrary or capricious. No such infirmity was found in this case, and thus the appeal was dismissed. |
| Summary |
This case revolves around a criminal appeal against the acquittal of the accused in a kidnapping and assault case. The Peshawar High Court, presided over by Justice Rooh-ul-Amin Khan, dismissed the appeal filed by Murad Ali, the complainant, against the trial court's decision that acquitted the accused. The prosecution alleged that the accused had kidnapped Murad Ali and attempted to kill him. However, the High Court found that the evidence presented was insufficient to prove the charges beyond a reasonable doubt. Key factors included the lack of identification of the accused during the identification parade, absence of any injuries on the complainant despite allegations of assault, and the failure to recover any evidence supporting the prosecution's claims. The decision highlights critical legal principles regarding the burden of proof and the presumption of innocence in criminal cases. The Court cited precedents to reinforce its ruling, emphasizing the need for credible evidence in criminal proceedings. The case underscores the challenges faced by the prosecution in establishing guilt and the protections afforded to the accused under the law. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ROOH-UL-AMIN KHAN, J
|
| Lawyers |
Baber Khan Yousafzai
|
| Petitioners |
Murad Ali
|
| Respondents |
MUHAMMAD AMAN and others
|
| Citations |
2013 SLD 2513,
2013 YLR 940
|
| Other Citations |
Muhammad Tasveer v. Hafiz Zulkarnain and 2 others PLD 2009 SC 53,
Abdul Majeed v. Mulazim Hussain and others PLD 2007 SC 637
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
365,
324,
353,
148,
149,
417(2)
|