| Case ID |
434d6dc8-5a02-4207-bc19-934801aa6f44 |
| Body |
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| Case Number |
Cr. A. No. 181-P of 2012 |
| Decision Date |
Oct 08, 2015 |
| Hearing Date |
Sep 22, 2015 |
| Decision |
The High Court upheld the conviction and sentences of the appellants, Farmanullah and Fateh Gul, for the murder of minor Saqib. The court found that the prosecution had established the guilt of the appellants through compelling ocular and circumstantial evidence. The evidence presented included the recovery of the decomposed body of the minor from the appellants' possession and the failure of the appellants to participate in the search for the missing child. The court also noted the motive behind the crime, which stemmed from a property dispute between the appellants and the complainant. The trial court's decision was deemed well-reasoned and based on proper appreciation of the evidence, leading to the dismissal of the appeal. |
| Summary |
In the case of Cr. A. No. 181-P of 2012, the Peshawar High Court dealt with the appeal of Farmanullah and Fateh Gul against their conviction for the murder of a minor, Saqib. The court emphasized the importance of both ocular and circumstantial evidence in establishing guilt, noting that ocular evidence refers to direct observations by witnesses while circumstantial evidence is inferred from related facts. The court found that the prosecution's case was strong, supported by consistent witness testimonies and medical evidence. Additionally, the court highlighted the lack of any reasonable explanation from the appellants regarding their actions and the discovery of the body, which further pointed to their guilt. This ruling underscores the court's commitment to ensuring justice and the application of legal principles in serious criminal cases. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Qaiser Rashid Khan,
Assadullah Khan Chamkani
|
| Lawyers |
Jalal-ud-Din Akbar Azam Khan Gara,
Arshad Hussain Yousafzai,
Mian Arshad Jan, AAG
|
| Petitioners |
Farmanullah,
Fateh Gul
|
| Respondents |
Another,
Niqab Khan
|
| Citations |
2016 SLD 3238,
2016 PCRLJ 793
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
201
|