| Case ID |
426216ce-9613-49a2-a9fa-e9e319ab1c3a |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 02/I of 2019 |
| Decision Date |
Sep 12, 2019 |
| Hearing Date |
Sep 12, 2019 |
| Decision |
The Federal Shariat Court, in its judgment, found that the trial court had failed to comply with mandatory provisions of the Criminal Procedure Code, specifically Section 367. The court noted that the trial court had not drawn points for determination and had failed to specify the offence for which the accused was convicted. As a result, the court found the impugned judgment unsustainable in law and remanded the case back to the trial court for re-writing the judgment strictly on merits. The case highlighted the importance of following procedural mandates to ensure justice is served adequately. |
| Summary |
The case revolves around the conviction of Bakht Nawab for the crime of Harabah, where he was sentenced to life imprisonment. The prosecution presented evidence that included testimony from the complainant, Sohail Khan, who detailed an armed robbery that resulted in the death of his father during a scuffle with the assailants. The appellate court found significant procedural errors in the trial court's handling of the case, particularly its failure to comply with the statutory requirements of the Criminal Procedure Code. This case underscores the critical nature of adhering to legal protocols in criminal proceedings to uphold the integrity of the justice system. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
SYED MUHAMMAD FAROOQ SHAH,
JUSTICE SHAUKAT ALI RAKHSHANI,
JUSTICE BAKHT NAWAB
|
| Lawyers |
Malik Daniyal Khan,
Malik Akhtar Hussain Awan
|
| Petitioners |
Muhammad Sajid Khan
|
| Respondents |
Another,
Sohail Khan
|
| Citations |
2020 SLD 469,
2020 MLD 266
|
| Other Citations |
Kashif Ali v. The Judge ATC No.2 Lahore and others PLD 2016 SC 951,
Akhtar Ali and others v. The State 2008 SCMR 6,
Kaleem Ullah v. The State and another 2018 YLR 2363,
Mudassar alias Jimmi v. The State 1996 SCMR 3,
Sahab Khan and 4 others v. The State and others 1997 SCMR 871
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898),
Offences Against Property (Enforcement of Hudood) Ordinance, 1979
|
| Sections |
302(b),
392,
411,
164,
173,
340(2),
342,
367,
367(2)(3)(5),
382B,
17(4),
20
|