| Case ID |
44d55198-8aae-4f9c-ab28-eef682d27749 |
| Body |
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| Case Number |
Criminal Appeal No. 39-D of 2018 |
| Decision Date |
Nov 22, 2022 |
| Hearing Date |
Nov 22, 2022 |
| Decision |
The appeal against the acquittal of Junaid Khan was dismissed. The court found that the prosecution failed to prove its case beyond a reasonable doubt. Key evidence, including Call Data Records and the recovery of a weapon, was deemed insufficient to link the accused to the crime. The court emphasized the need for direct evidence to secure a conviction, ruling that improvements in witness statements raised doubts about their credibility. This case highlights the principle that the benefit of doubt must favor the accused, ensuring justice is served without compromising the rights of the innocent. |
| Summary |
In the case of SHAFIULLAH vs. JUNAID KHAN, the Peshawar High Court addressed serious allegations of murder and misappropriation. The court examined the evidence presented by the prosecution, which included Call Data Records and witness testimonies. However, the court concluded that the evidence was insufficient to establish guilt beyond reasonable doubt. The case underscores the judicial principle that in criminal law, the burden of proof lies with the prosecution, and any reasonable doubt must benefit the accused. The court's decision reinforces the importance of credible evidence in securing a conviction and the necessity for a fair trial. This case serves as a pivotal reference for similar legal proceedings, emphasizing the balance between prosecutorial responsibility and the rights of the accused. Keywords: criminal law, murder case, acquittal, Peshawar High Court, evidence, burden of proof, justice. |
| Court |
Peshawar High Court, D.I. Khan Bench
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Faheem Wali,
Shahid Khan
|
| Lawyers |
Ehsanullah Marwat,
Saif-ur-Rahman Khan,
Muhammad Adil Khan
|
| Petitioners |
SHAFIULLAH
|
| Respondents |
another,
JUNAID KHAN
|
| Citations |
2023 MLD 1452,
2023 SLD 1809
|
| Other Citations |
Farman Ahmad v. Muhammad Inayat and others 2007 SCMR 1825,
Saifullah v. The State 1985 SCMR 410,
Muhammad Akram v. State 2009 SCMR 230
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
404,
34,
417(2-A)
|