| Case ID |
450d6a4d-b33e-4b8f-88ba-c29be0f6be17 |
| Body |
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| Case Number |
Criminal Appeal No. 106 of 1971 |
| Decision Date |
Mar 20, 1973 |
| Hearing Date |
|
| Decision |
The appeal filed by Mooso against his conviction for the murder of Roshan was allowed by the Sindh High Court. The court found that the prosecution had failed to establish its case against the appellant. The trial court's reliance on ocular testimony was deemed erroneous, particularly because the witnesses were found to be interested and had exaggerated facts. The court concluded that the appellant was entitled to the benefit of the doubt, leading to his acquittal. The judgment emphasized the need for credible evidence in criminal cases and the importance of corroboration, especially when self-defense is claimed. |
| Summary |
In this landmark case, the Sindh High Court addressed the appeal of Mooso, who was convicted of murder under section 302 of the Pakistan Penal Code. The incident occurred on August 12, 1970, during a quarrel involving multiple parties. The court scrutinized the prosecution's evidence, particularly the ocular testimony, which was found to be unreliable and exaggerated. The prosecution's failure to corroborate its claims, alongside the appellant's assertion of self-defense, led the court to grant Mooso the benefit of doubt. This case highlights critical legal principles regarding the evaluation of evidence and the standards required for a conviction in murder cases. The decision underscores the need for credible witnesses and the necessity of corroborating evidence in the pursuit of justice, setting a precedent for future cases. The ruling serves as a reminder of the crucial balance between the rights of the accused and the responsibilities of the prosecution in ensuring a fair trial. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM,
I. MAHMOOD
|
| Lawyers |
Not available
|
| Petitioners |
Mooso
|
| Respondents |
The State
|
| Citations |
1975 SLD 1018,
1975 PCRLJ 206
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
302
|