| Case ID |
4666cbdd-0670-409e-a485-13539761afdf |
| Body |
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| Case Number |
Jail Petition No. 403 of 2018 |
| Decision Date |
Jun 06, 2022 |
| Hearing Date |
Jun 06, 2022 |
| Decision |
The petition was allowed, and the accused was acquitted of the charge due to grave doubts in the prosecution case. The court found that the prosecution had not provided reliable or conclusive evidence to sustain the conviction. The FIR was registered with an inordinate delay of about 18 hours, and key witnesses were not produced in court. The prosecution's reliance on the dying declaration was also deemed unreliable, and the recoveries made were inconsequential. The court emphasized that any doubt arising in the prosecution case must be resolved in favor of the accused, leading to the conclusion that the prosecution had failed to substantiate its case, which is a fundamental requirement for conviction. |
| Summary |
In the case of Jail Petition No. 403 of 2018, the Supreme Court of Pakistan addressed a significant appeal concerning the conviction of KASHIF ALI ALIAS KALU under section 302(b) of the Pakistan Penal Code for the murder of Mst. Sakeena Bibi. The primary issues revolved around the credibility of the prosecution's evidence, including the delayed filing of the FIR, the absence of eyewitnesses, and the unreliability of the dying declaration attributed to the deceased. The court scrutinized the evidence and highlighted several inconsistencies, such as the failure to produce the Investigating Officer who recorded the dying declaration and the unexplained delay in registering the FIR, which raised substantial doubts regarding the integrity of the prosecution's case. Ultimately, the court ruled that the prosecution had not met the burden of proof required for a conviction in a capital case, leading to the acquittal of the accused. This case underscores the critical importance of reliable evidence in the judicial process, particularly in serious criminal matters. The ruling serves as a pivotal reference for legal practitioners concerning the standards of evidence required in murder cases, emphasizing that reasonable doubts must always be resolved in favor of the accused. The decision resonates with ongoing discussions in legal circles about the rights of defendants and the integrity of the criminal justice system, making it a relevant case for both legal scholars and practitioners seeking insights into the application of criminal law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IJAZ UL AHSAN, JUSTICE,
MUNIB AKHTAR, JUSTICE,
SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
|
| Lawyers |
Dil Muhammad Khan Alizai, Advocate Supreme Court,
Syed Rifaqat Hussain Shah, Advocate-on-Record,
Ahmed Raza Gillani, Additional P.G. for the State
|
| Petitioners |
KASHIF ALI ALIAS KALU
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2022 SLD 1098,
2022 SCMR 1515
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
302(b),
46
|