| Case ID |
435a6a9f-525a-4082-9957-25179da0b99d |
| Body |
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| Case Number |
Criminal Appeal No 4 and Confirmation Case No. 7 o |
| Decision Date |
Sep 05, 1972 |
| Hearing Date |
|
| Decision |
The Sindh High Court allowed the appeal of Abdul Qadir, who was convicted and sentenced to death for the murder of Mir Mohammad. The court found significant discrepancies in witness testimonies and the evidence presented by the prosecution. The witnesses were deemed unreliable, and the court noted that the prosecution's case heavily relied on circumstantial evidence and ocular testimony. The court concluded that the prosecution failed to prove its case beyond reasonable doubt, leading to the acquittal of the appellant. |
| Summary |
In the case of Abdul Qadir vs The State, the Sindh High Court addressed serious issues regarding the reliability of witness testimonies and the evidence surrounding the murder of Mir Mohammad. The appellant, Abdul Qadir, was convicted under section 302 of the Pakistan Penal Code, but upon appeal, the court found substantial flaws in the prosecution's case. Key points included the timing of the FIR, discrepancies between witness accounts, and the medical examination findings that suggested a longer interval between the incident and the post-mortem than originally claimed. The court ultimately concluded that the evidence was insufficient to uphold the conviction, emphasizing the legal principle that a case must be proven beyond a reasonable doubt. This case highlights the importance of thorough investigations and the need for credible witness accounts in criminal proceedings, reinforcing the rights of defendants in the justice system. The ruling serves as a reminder of the judicial system's responsibility to ensure fair trials and the presumption of innocence until proven guilty. Keywords such as 'criminal appeal', 'murder case', 'witness reliability', and 'legal principles' are central to this case, reflecting ongoing discussions in legal circles. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AGHA ALI HAIDER,
I. MAHMOOD
|
| Lawyers |
Muhammad Hayat Junejo
|
| Petitioners |
Abdul Qadir
|
| Respondents |
The State
|
| Citations |
1973 SLD 403,
1973 PCRLJ 887
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code,
Code of Criminal Procedure
|
| Sections |
302,
374
|