| Case ID |
41a93635-7f8e-425d-afbe-16e3217fe688 |
| Body |
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| Case Number |
Criminal Appeal No. 02/P of 2018 |
| Decision Date |
Apr 08, 2019 |
| Hearing Date |
|
| Decision |
The appeal brought by the State through the Advocate General Khyber Pakhtunkhwa was dismissed, affirming the acquittal of the respondents Zubair Ahmad Kiyani and another by the learned Additional Sessions Judge-VI, Abbottabad. The court found that the prosecution failed to establish a solid case against the accused beyond reasonable doubt, as required in criminal law. Notably, the prosecution's evidence was deemed insufficient, with critical contradictions and procedural flaws, particularly concerning the recovery of stolen articles and the handling of confessions. The judgment emphasized that conviction must be based on unimpeachable evidence and that any doubt should lead to acquittal. The appellate court did not find any grounds to overturn the lower court's decision, leading to the conclusion that the acquittal was justified and legally sound. |
| Summary |
In the case of Federal Shariat Court's Criminal Appeal No. 02/P of 2018, the key issue revolved around the prosecution's failure to prove the guilt of the accused, Zubair Ahmad Kiyani and another, in the context of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, and related sections of the Criminal Procedure Code and Pakistan Penal Code. The court highlighted the importance of establishing guilt beyond a reasonable doubt, noting that the prosecution's reliance on unsound evidence, including improperly handled confessions and the lack of proper identification of stolen property, severely undermined their case. The judgment reinforced the principle that any reasonable doubt should lead to acquittal, thus maintaining the lower court's decision. This case underscores the critical nature of procedural integrity and evidentiary standards in criminal law, making it a significant reference point for future cases involving similar legal frameworks. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
SYED MUHAMMAD FAROOQ SHAH,
JUSTICE SHAUKAT ALI RAKHSHANI
|
| Lawyers |
Malik Akhtar Hussain
|
| Petitioners |
THE STATE THROUGH ADVOCATE GENERAL, KPK, PESHAWAR
|
| Respondents |
ANOTHER,
ZUBAIR AHMAD KIYANI
|
| Citations |
2019 SLD 2634,
2019 YLR 2329
|
| Other Citations |
Azeem Khan and another v. Mujahid Khan and others 2016 SCMR 274,
Sheo Swarup and others v. King Emperor AIR 1934 PC 227(2),
Ghulam Sikandar and another v. Mamraz Khan and others PLD 1985 SC 11,
Fazal-ur-Rehman v. Abdul Ghani and another PLD 1977 SC 529,
The State and others v. Abdul Khaliq and others PLD 2011 SC 554,
Azhar Ali v. The State PLD 2010 SC 632,
Khadim Hussain v. Manzoor Hussain Shah and 3 others 2002 SCMR 261,
Fateh Muhammad Kobhar v. Sabzal and 4 others 2013 PCr.LJ 374,
Mst. Salma Bibi v. Niaz alias Billa and 2 others 2011 PCr.LJ 856,
Ghulam Hussain alias Hussain Bakhsh and 4 others v. The State and another PLD 1994 SC 31,
Qurban Hussain alias Ashiq v. The State 2010 SCMR 1592,
Intizar Hussain v. Hamza Ameer and others 2017 SCMR 633
|
| Laws Involved |
Offences Against Property (Enforcement of Hudood) Ordinance, 1979,
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
17(4),
342,
417,
417(2),
412,
436,
452
|