| Case ID |
3aea998e-492d-42d6-a80a-a86211eef385 |
| Body |
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| Case Number |
Criminal Appeal No. S-34 of 2005 |
| Decision Date |
Feb 12, 2015 |
| Hearing Date |
Feb 09, 2014 |
| Decision |
The appeal was accepted, and the conviction of the appellant under section 302(b) of the Penal Code was set aside. The court recognized significant issues with the credibility of the witnesses and the evidence presented. It highlighted that the testimonies of the witnesses were inconsistent and lacked reliability, particularly regarding the motive for the murder, which shifted throughout the proceedings. The court noted that the same evidence could not be used to convict one accused while acquitting others based on the same testimonies. Therefore, the appellant was acquitted from the charges and ordered to be released if not required in any other case. |
| Summary |
This case revolves around the criminal appeal concerning the conviction of an individual under section 302(b) for murder. The Sindh High Court evaluated the credibility of witness testimonies and the procedures followed in the original trial. The court emphasized the importance of consistent and reliable evidence in criminal trials, particularly in capital cases. It underscored that the law prohibits double jeopardy, thereby ensuring that no individual is tried twice for the same offense. The judgment reinforced the principle that the determination of guilt must be based on solid evidence and fair procedures, ultimately leading to the acquittal of the appellant. This case highlights critical aspects of criminal law, including the significance of witness reliability, the necessity of a fair trial, and the legal protections against wrongful conviction. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Salahuddin Panhwar,
Mohammad Pali
|
| Lawyers |
Mrs. Fozia Zahoor Baloch,
Zulqarnain Hyder,
Shahid Shaikh
|
| Petitioners |
Ghulam Akber
|
| Respondents |
The State
|
| Citations |
2016 SLD 3830,
2016 YLR 1986
|
| Other Citations |
Muhammad Ahmed v. State 2010 SCMR 660,
PLD 1978 SC 121,
2003 PCr.LJ 56,
2001 YLR 1448
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
154,
190,
200,
403,
302(b)
|