| Case ID |
3850b947-055e-4e41-9691-aa6bd23b3d64 |
| Body |
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| Case Number |
Criminal Appeal No. 1/P and Jail Criminal Appeal N |
| Decision Date |
Feb 20, 1994 |
| Hearing Date |
Jan 27, 1994 |
| Decision |
The Federal Shariat Court allowed the appeals filed by Diyar Gul and Dilbar, setting aside their convictions and sentences. The Court determined that the prosecution failed to prove its case beyond reasonable doubt. Key issues included the admissibility of confessions, which were alleged to have been obtained under duress, and the lack of reliable evidence linking the accused to the crime. The Court noted that the delay in recording confessions raised doubts about their voluntariness and highlighted procedural violations during evidence collection. As a result, both accused were acquitted of all charges. |
| Summary |
This case involves two criminal appeals concerning allegations of robbery under the Penal Code and related ordinances. The appellants, Diyar Gul and Dilbar, were convicted by the Sessions Court but contended that the confessions used against them were obtained under coercion. The Federal Shariat Court scrutinized the circumstances surrounding the confessions, emphasizing the need for them to be voluntary and free from external pressure. The Court found significant gaps in the prosecution's case, particularly regarding the identification of stolen property and the integrity of the evidence presented. The decision underscores the importance of adhering to legal standards in criminal proceedings and highlights the Court's role in protecting the rights of the accused. Keywords such as 'criminal appeal', 'confession admissibility', and 'due process in law' are relevant for SEO purposes, as they reflect trending legal topics and concerns. |
| Court |
Federal Shariat Court
|
| Entities Involved |
|
| Judges |
FIDA MUHAMMAD KHAN, J
|
| Lawyers |
|
| Petitioners |
DILBAR
|
| Respondents |
THE STATE
|
| Citations |
1994 SLD 1058,
1994 PLD 24
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979),
Criminal Procedure Code (V of 1898)
|
| Sections |
395/149,
20,
164,
103
|