Legal Case Summary

Case Details
Case ID 43adeb67-2db7-43de-82d8-081dfba9900b
Body View case body.
Case Number Criminal Appeal No. 51 of 1964
Decision Date Aug 29, 1967
Hearing Date
Decision The appeal was accepted, and the convictions and sentences of the appellants were set aside. The court found that the prosecution had failed to establish the guilt of the appellants beyond reasonable doubt. Key issues included the credibility of the witnesses and the lack of corroborative evidence to support the prosecution's case. The court noted that the extra-judicial confession made by Hajan Khan was not admissible as it was made in the presence of police officials, and the testimonies of the eye-witnesses were found to be unreliable due to their previous disputes with the appellants. As a result, the appellants were acquitted and discharged from their bail bonds.
Summary In the case of Hajan Khan and 2 Others vs. The State, the Sindh High Court dealt with an appeal against a conviction under sections 395 and 397 of the Pakistan Penal Code. The appellants were sentenced to seven years of rigorous imprisonment. The crux of the case revolved around a dispute over land possession and the alleged theft of crops by the appellants. The prosecution's case relied heavily on the testimony of eye-witnesses and an alleged extra-judicial confession. However, the court found significant issues with the reliability of the witnesses, who had prior conflicts with the appellants, and noted that the confession could not be used against Hajan Khan due to the presence of police officers during the confession. Ultimately, the court concluded that the prosecution had not met the burden of proof required for conviction, leading to the acceptance of the appeal and the acquittal of the appellants. This case highlights critical aspects of criminal law, including the importance of credible evidence, the rights of the accused, and the standards of proof in criminal proceedings.
Court Sindh High Court
Entities Involved Not available
Judges MUHAMMAD, JAMIL ASGHAR, J
Lawyers Not available
Petitioners Karim Dad, Hajan Khan, Mewo
Respondents The State
Citations 1969 SLD 777, 1969 PCRLJ 1285
Other Citations Not available
Laws Involved Pakistan Penal Code
Sections 395, 397