| Case ID |
3928e3ae-f1e5-445f-931c-3c3458604e6e |
| Body |
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| Case Number |
Spl. Crl. A.T.A. Nos. 4, 5 of 2010 and Confirmatio |
| Decision Date |
Apr 25, 2018 |
| Hearing Date |
Apr 17, 2018 |
| Decision |
The court found that the prosecution's case was riddled with inconsistencies and contradictions, leading to a failure to prove the charges against the accused beyond a reasonable doubt. The testimonies of key witnesses were deemed unreliable, and significant delays in the investigation and evidence collection further undermined the prosecution's case. As a result, the convictions and sentences handed down by the lower court were set aside, and the accused were acquitted of all charges. The decision emphasized the principle that any reasonable doubt must benefit the accused, reflecting the judicial system's commitment to ensuring justice. |
| Summary |
In the case of Spl. Crl. A.T.A. Nos. 4, 5 of 2010 and Confirmation Case No. 2 of 2010, the Sindh High Court addressed serious allegations under the Pakistan Penal Code and the Anti Terrorism Act, including murder, kidnapping for ransom, and terrorism. The court scrutinized the evidence presented by the prosecution, which included witness testimonies and forensic reports. Key issues included the credibility of witnesses, delays in lodging FIRs, and the handling of evidence. The court concluded that the prosecution failed to establish a solid case, leading to the acquittal of the accused. This case highlights the critical importance of reliable evidence and the judicial principle that any doubt must favor the accused, ensuring that justice is served. The ruling serves as a precedent emphasizing the necessity for thorough and unbiased investigations in criminal proceedings, particularly in cases involving serious charges like terrorism and murder. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Aftab Ahmed Gorar,
Khadim Hussain Tunio
|
| Lawyers |
Abdul Razzak,
Anwar Ali Shah,
Mehmood-ul-Hassan,
Mrs. Mumtaz Chandio
|
| Petitioners |
Abdul Razzak,
Anwar Ali Shah,
Mehmood-ul-Hassan,
Mrs. Mumtaz Chandio
|
| Respondents |
Muntazir Mehdi Memon
|
| Citations |
2019 SLD 278,
2019 YLR 3
|
| Other Citations |
Muhammad Asif v. The State 2017 SCMR 486,
Azeem Khan and another v. Mujahid Khan and others 2016 SCMR 274,
2010 SCMR 1009,
2011 SCMR 323,
Ali Sher and others v. The State 2008 SCMR 707,
Mehmood Ahmad and 3 others v. The State and another 1995 SCMR 127,
Muhammad Ibrahim v. The State PLD 2000 Kar. 128,
Ghulam Murtaza v. The State 2010 PCr.LJ 461,
2007 SCMR 670,
PLD 1996 SC 1,
2017 SCMR 898,
2015 SCMR 423,
2011 SCMR 629,
1971 (3) SC Cases 208,
2011 SCMR 769,
2010 SCMR 1706,
2008 SCMR 1572,
1969 SCMR 390,
2000 SCMR 1038,
2004 SCMR 1185,
1995 PCr.LJ 159,
2013 PCr.LJ 1300,
2000 PCr.LJ 264,
2002 PCr.LJ 34,
2003 MLD 685,
2011 SCMR 1127,
2013 PCr.LJ 1847,
2013 MLD 1573,
2013 MLD 1675,
1991 MLD 752,
1999 MLD 1460,
1999 MLD 1513,
1999 SCMR 2841,
Tayyab Hussain Shah v. The State 2000 SCMR 683,
Muhammad Iqbal v. The State PLD 1996 Lah. 402,
Mst. Roshan Bibi and another v. The State 2007 PCr.LJ 1792,
Akhtar Muhammad v. The State 1985 PCr.LJ 1118
|
| Laws Involved |
Pakistan Penal Code, 1860,
Anti Terrorism Act, 1997
|
| Sections |
34,
302,
367A,
7(a)(e)
|