| Case ID |
439e4dd0-07cc-4327-8844-e462d00f796e |
| Body |
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| Case Number |
Criminal Appeal No. 22-A of 2015 |
| Decision Date |
Nov 08, 2018 |
| Hearing Date |
|
| Decision |
The appeal was allowed, and the accused were acquitted by setting aside the conviction and sentence recorded by the Trial Court. The prosecution failed to prove its case through reliable evidence, and the testimonies of the complainant and the widow of the deceased were deemed untrustworthy due to inconsistencies and lack of corroborating circumstances. The court emphasized the importance of unimpeachable evidence in criminal cases, leading to the conclusion that the appellants should be set free from jail. |
| Summary |
In the case of Criminal Appeal No. 22-A of 2015, the Peshawar High Court addressed serious allegations including murder under Pakistan Penal Code sections 302(b), 452, 109, and 34. The case involved a tragic incident where the complainant's son was shot dead during a home invasion, purportedly motivated by a blood feud. The court critically evaluated the testimonies of the complainant and the widow of the deceased, highlighting significant discrepancies in their accounts. The court found that the complainant's conduct following the incident raised doubts about his presence at the crime scene, while the widow's actions were also questioned. Ultimately, the prosecution's evidence was deemed insufficient to support the charges, leading to the acquittal of the accused. This case underscores the necessity of credible evidence in criminal proceedings and the judicial system's commitment to ensuring justice is served based on verifiable facts. Key legal principles surrounding witness credibility and evidence evaluation were prominently featured in this decision, making it a significant reference for future cases involving similar legal challenges. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
LAL JAN KHATTAK,
SYED MUHAMMAD ATTIQUE SHAH
|
| Lawyers |
Not available
|
| Petitioners |
Fazal-e-Haq Abbasi
|
| Respondents |
Yasir Zahoor Abbasi,
Assistant A.G.
|
| Citations |
2019 SLD 924,
2019 MLD 675
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
34,
109,
302(b),
452,
382-B
|