| Case ID |
3d67d0a2-b7f1-4f84-b146-a70b081c41b8 |
| Body |
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| Case Number |
Criminal Appeal No.9 of 2013 |
| Decision Date |
May 14, 2013 |
| Hearing Date |
|
| Decision |
The appeal was accepted after the court found that the trial court had failed to consider substantial evidence and had dismissed the case based on the police report without proper judicial reasoning. The findings of the police were deemed not binding on the court. The court emphasized that a dying declaration is a strong piece of evidence that can be used for conviction. The case was remanded to the trial court for proceedings in accordance with law, highlighting the inadequacies in the police investigation and the judicial process. |
| Summary |
This case revolves around the appeal against the dismissal of a criminal case based on a police report that suggested no cognizable offence was committed. The court found that the trial court had acted arbitrarily and without substantial evidence. The court reiterated the importance of dying declarations in criminal cases, emphasizing that they hold significant evidentiary value and can sometimes be sufficient for conviction without corroboration. The appeal was accepted, and the trial court was directed to reassess the case properly, taking into account the evidence provided, including the dying declaration and the post-mortem report. This case serves as a crucial reference for understanding the judicial process in criminal law and the treatment of police reports in court. The decision underscores the need for careful judicial scrutiny of police findings and the importance of due process in criminal proceedings. |
| Court |
Shariat Court (AJ&K)
|
| Entities Involved |
|
| Judges |
SYED HUSSAIN MAZHAR KALEEM,
MUHAMMAD MUSHTAQ CHAUDHARY
|
| Lawyers |
|
| Petitioners |
,
Raja ALI SHAN
|
| Respondents |
4 others,
SHAKEEL
|
| Citations |
2014 SLD 1342,
2014 YLR 92
|
| Other Citations |
Akbar Ali v. Shanaz and others 1981 PCr.LJ 710
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
173,
265-K,
417(2-A),
302,
337,
342,
34,
46
|