| Case ID |
42879f6c-7699-4e89-8d97-e11fedd66426 |
| Body |
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| Case Number |
Criminal Acquittal Appeal No. 136 of 2018 |
| Decision Date |
Mar 26, 2019 |
| Hearing Date |
|
| Decision |
The appeal against acquittal was dismissed. The court confirmed that the prosecution failed to prove its case against the accused due to contradictions in witness testimonies and the significant delay in the lodging of the FIR. The court maintained that after acquittal, the accused enjoys a double presumption of innocence, and interference is warranted only in cases of gross misreading of evidence resulting in miscarriage of justice. The trial court's decision was deemed sound and well-reasoned, leading to the dismissal of the appeal. |
| Summary |
In the case of Criminal Acquittal Appeal No. 136 of 2018, the Sindh High Court examined the appeal against the acquittal of Mushtaq Ahmed under various sections of the Pakistan Penal Code. The petitioner, Iqbal Hussain, alleged that the respondent had committed robbery and caused damage to property, but the court found the evidence presented by the prosecution to be insufficient. Key witnesses failed to identify the accused, and the FIR was lodged with a significant delay without satisfactory explanation. The court emphasized the importance of credible evidence and the presumption of innocence that accompanies an acquitted individual, thereby upholding the trial court's judgment. The ruling reinforces the standards of proof required in criminal cases and the procedural integrity necessary for just outcomes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL MAALIK GADDI
|
| Lawyers |
Ms. Humaira Aftab
|
| Petitioners |
Iqbal Hussain
|
| Respondents |
Mushtaq Ahmed,
2 Others
|
| Citations |
2019 SLD 2892,
2019 MLD 1947
|
| Other Citations |
State/Government of Sindh through Advocate General Sindh, Karachi v. Sobharo 1993 SCMR 585
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
34,
377A(i),
392,
427,
22A,
154,
245(i),
342,
410,
417
|