| Case ID |
3885ea2c-875f-443c-816d-b5d80935ef5b |
| Body |
View case body. Login to View |
| Case Number |
Crl. Acq. A. No. (s)111 of 2014 & (s)23 of 2018 |
| Decision Date |
Nov 18, 2020 |
| Hearing Date |
Oct 27, 2020 |
| Decision |
The Balochistan High Court dismissed the Criminal Acquittal Appeals No. (s) 111 of 2014 and 23 of 2018, concluding that the prosecution failed to establish a solid case against the accused. The court emphasized that the ocular evidence presented by the prosecution was inconsistent and lacked corroboration from independent witnesses. The absence of a clear motive and the contradictions in witness testimonies contributed to doubts regarding the prosecution's case. The court highlighted the principle that if there is any reasonable doubt, the accused must be given the benefit of that doubt, thereby reinforcing the presumption of innocence. The appeals were thus found to be without merit and were dismissed. |
| Summary |
In the case of Criminal Acquittal Appeal No. (s) 111 of 2014 and (s) 23 of 2018 before the Balochistan High Court, the key issues revolved around the adequacy of the evidence presented by the prosecution. The case stemmed from an incident on October 2, 2013, involving a fatal shooting. The witnesses, primarily family members of the deceased, claimed that the accused fired upon them with intent to kill. However, the court found significant inconsistencies in their testimonies, including contradictions regarding the number of shots fired and the circumstances of the event. The prosecution's failure to produce certain key witnesses further weakened their case. The court reiterated that the prosecution is not only required to prove the guilt beyond a reasonable doubt but also to establish a motive, which was found lacking in this instance. The decision underscored the legal principle that the benefit of doubt must be given to the accused, leading to the dismissal of the appeals. This case highlights the critical importance of reliable witness testimony and the necessity for the prosecution to present a cohesive and corroborated narrative to secure a conviction in criminal cases. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HASHIM KHAN KAKAR,
ABDUL HAMEED BALOCH
|
| Lawyers |
Mr. Hasnain Iqbal Minhas,
Mr. Ahsan Rafiq Rana,
Mr. Jamil Akhtar Gajani,
Mr. Abdul Mateen
|
| Petitioners |
MUHAMMAD ILYAS
|
| Respondents |
ABDUL KARIM,
ABDUL RAZZAQ,
HABIBULLAH,
ISHFAQ ALIAS MUNSHI
|
| Citations |
2021 SLD 1937,
2021 PLJ 1006
|
| Other Citations |
2017 PCr.LJ 1113,
2006 SCMR 1707,
2002 PCr.LJ 690,
PLD 1995 SC 590,
1971 SCMR 432,
2018 SCMR 2092,
2008 SCMR 7070,
2008 SCMR 1086
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
417(2)(a,
302/34
|