Legal Case Summary

Case Details
Case ID 528c455e-df7a-4534-8582-e43d0f7f6f2c
Body View case body.
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