| Case ID |
3ce00ee1-5074-47d6-a16e-f2ddf34e691b |
| Body |
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| Case Number |
Criminal Miscellaneous Application No. D-09 of 201 |
| Decision Date |
Sep 17, 2019 |
| Hearing Date |
Sep 17, 2019 |
| Decision |
The Sindh High Court set aside the initiation of proceedings against the applicant for alleged false evidence under Section 193 of the Penal Code. The court noted that the applicant's statement was not given under oath and was accepted as true by the prosecution. The acquittal of the accused was based on the prosecution's failure to prove the case, which could not be attributed solely to the applicant. Therefore, the proceedings against him were unjustified and hence were annulled. |
| Summary |
In the case involving Criminal Miscellaneous Application No. D-09 of 2019, the Sindh High Court addressed the issue of false evidence under the Penal Code and Criminal Procedure Code. The applicant, a witness in the original FIR, was charged after the accused were acquitted on the grounds of insufficient evidence. The court emphasized that the applicant's statement, recorded without oath, could not lead to the conclusion of false testimony. It highlighted the importance of proper legal proceedings and the protection of witnesses. This case underscores the judicial system's role in ensuring that witnesses are not unjustly prosecuted, especially when the prosecution fails to establish its case. The ruling serves as a reminder of the safeguards necessary to maintain the integrity of witness testimonies in criminal proceedings. Keywords such as 'false evidence', 'criminal law', 'judicial protection', and 'witness rights' are vital in understanding the implications of this case. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD IQBAL MAHAR,
JUSTICE IRSHAD ALI SHAH,
JUSTICE ASGHAR ALI MALLAH
|
| Lawyers |
Mumtaz Alam Laghari,
Shahzado Saleem Nahiyoon
|
| Petitioners |
PW Ghulam Asghar
|
| Respondents |
2 OTHERS,
LEARNED SPECIAL JUDGE ANTITERRORISM COURT
|
| Citations |
2020 SLD 1634 = 2020 1534
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
193,
476,
195,
161
|