| Case ID |
43adeb67-2db7-43de-82d8-081dfba9900b |
| Body |
View case body. Login to View |
| 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
|