| Case ID |
391e3d71-ac3f-48a6-90a1-d322de26b272 |
| Body |
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| Case Number |
Criminal Appeal No. 39-K of 2022 |
| Decision Date |
Feb 06, 2023 |
| Hearing Date |
Feb 06, 2023 |
| Decision |
The Supreme Court of Pakistan allowed the appeal and acquitted the appellants of the charges against them. The court found that the prosecution failed to prove its case beyond a reasonable doubt. It was determined that there was no specific evidence linking the appellants to the conspiracy or the murder. The court emphasized that any doubts arising in a prosecution case must be resolved in favor of the accused, thereby granting the benefit of the doubt to the appellants. The decision of the High Court was overturned, and the appellants were ordered to be released from jail unless required in another case. |
| Summary |
In the case of Criminal Appeal No. 39-K of 2022, the Supreme Court of Pakistan reviewed the convictions of Mst. Hajira Bibi and others regarding the murder of Abdul Habib. The court found that the prosecution's evidence was insufficient and lacked concrete details regarding the conspiracy. The appeal highlighted the importance of proving each element of the crime beyond a reasonable doubt. Key legal principles regarding abetment and the benefit of the doubt were discussed, emphasizing the necessity for reliable evidence in criminal proceedings. The ruling reinforces the legal standard that it is better for guilty persons to be acquitted than for an innocent person to suffer. This case underscores critical issues in the law surrounding conspiracy and abetment in Pakistani criminal law, serving as a significant reference for future cases involving similar charges. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sayyed Mazahar Ali Akbar Naqvi,
Jamal Khan Mandokhail,
Athar Minallah
|
| Lawyers |
Mahmood Habibullah,
Amir Mansoob Qureshi,
Hussain Bux Baloch
|
| Petitioners |
others,
Mst. HAJIRA BIBI alias SEEMA
|
| Respondents |
another,
ABDUL QASEEM
|
| Citations |
2023 SLD 1375,
2023 SCMR 87
|
| Other Citations |
Mst. Asia Bibi v. The State PLD 2019 SC 64,
Tariq Pervaiz v. The State 1995 SCMR 1345,
Ayub Masih v. The State PLD 2002 SC 1048,
Abdul Jabbar v. State 2019 SCMR 129
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302,
34,
109,
202
|