| Case ID |
528c455e-df7a-4534-8582-e43d0f7f6f2c |
| Body |
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| Case Number |
Criminal Revision No. 95 of 1991 |
| Decision Date |
Apr 23, 2003 |
| Hearing Date |
Apr 15, 2003 |
| Decision |
The Sindh High Court dismissed the criminal revision filed by the applicant, Muhammad Aslam, challenging the acquittal of Ghulam Muhammad in a case of double murder. The court held that the prosecution failed to prove its case beyond a reasonable doubt, as the evidence presented by the prosecution witnesses was inconsistent and did not support the complainant's version. The court emphasized that the principles for setting aside an order of acquittal are stringent, and the trial court's judgment must be perverse or completely illegal for the High Court to intervene. The revision was deemed incompetent as the complainant did not apply to the government for filing an appeal against the acquittal within the stipulated time. Consequently, the order of acquittal was upheld, and the appeal was dismissed. |
| Summary |
This case revolves around a criminal revision against the acquittal of Ghulam Muhammad, who was accused of murdering his tenants, Ali Muhammad and Abu Bakar. The incident took place on April 28, 1985, and was reported by Muhammad Aslam, the brother-in-law of the deceased. The trial court acquitted Ghulam Muhammad, leading to this revision. The High Court found that the prosecution's evidence was insufficient, with several witnesses not supporting the complainant's narrative. The court noted that the complainant failed to apply for an appeal against the acquittal as required by law, which rendered the revision incompetent. The decision highlights the challenges in overturning acquittals in criminal cases and emphasizes the importance of substantial evidence. Keywords such as 'criminal law', 'acquittal appeal', and 'Sindh High Court' are relevant for those researching similar legal issues or cases. |
| Court |
Sindh High Court
|
| Entities Involved |
State
|
| Judges |
MUHAMMAD ASHRAF LEGHARI, J
|
| Lawyers |
Shahadat Awan,
I.A. Hashmi,
Habibur Rasheed
|
| Petitioners |
MUHAMMAD ASLAM
|
| Respondents |
GHULAM MUHAMMAD
|
| Citations |
2004 SLD 2597,
2004 PLD 73
|
| Other Citations |
Yar Muhammad v. The State 1992 SCMR 96
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
435,
439,
417(2),
417,
302
|