| Case ID |
391603ff-2490-47db-ae53-4686afea87b3 |
| Body |
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| Case Number |
Criminal Appeal No. 60 of 2021 |
| Decision Date |
Sep 08, 2022 |
| Hearing Date |
Aug 25, 2022 |
| Decision |
The court allowed the appeal against the conviction of Ali Haider and Fateh Muhammad, concluding that the prosecution failed to prove its case beyond reasonable doubt. The decision was based on multiple factors, including the lack of identification of the accused in the FIR, the unexplained delay in the identification parade, and the absence of concrete evidence linking the accused to the crime. The court emphasized that the accused were complete strangers to the prosecution witnesses, which undermined the reliability of the identification evidence. Consequently, the appellants were acquitted of the charges, and the trial court's conviction and sentence were set aside. This judgment reaffirmed the principle that the prosecution must meet its burden of proof to establish guilt beyond a reasonable doubt. |
| Summary |
In the case of Ali Haider and Fateh Muhammad v. The State, the Balochistan High Court addressed critical issues concerning the reliability of eyewitness testimony and the procedural integrity of identification parades. The court found that the prosecution's case was significantly weakened by the absence of prior acquaintance between the witnesses and the accused, as well as by procedural flaws in the identification process. The judgment highlighted the importance of adhering to legal standards in criminal proceedings, particularly the necessity for the prosecution to establish guilt beyond a reasonable doubt. This case serves as a significant reference point for future cases involving similar legal principles, emphasizing the right to a fair trial and the presumption of innocence until proven guilty. |
| Court |
Balochistan High Court, Sibi Bench
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Hashim Khan Kakar,
Gul Hassan Tareen
|
| Lawyers |
Syed Ayaz Zahoor,
Aster Mehak,
Bakhtiar Sherani,
Basit Tareen,
Jameel Akhtar Gajani
|
| Petitioners |
ALI HAIDER,
Fateh Muhammad
|
| Respondents |
The STATE
|
| Citations |
2023 MLD 1289,
2023 SLD 1774
|
| Other Citations |
Muhammad Arif v. The State 2019 SCMR 631,
Muhammad Afzal alias Abdullah and others v. The State and others 2009 SCMR 436,
Sabir Ali alias Fauji v. The State 2011 SCMR 563,
Mehmood Ahmed and 3 others v. The State 1995 SCMR 127,
State through Advocate General, Sindh Karachi v. Farman Hussain and others PLD 1995 SC 1
|
| Laws Involved |
Penal Code (XLV of 1860),
Anti Terrorism Act, 1997,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
302(b),
34,
7,
22
|