| Case ID |
5f325ace-f34b-4505-bacf-e1a95b11548f |
| Body |
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| Case Number |
Criminal Appeal No. 344 of 1970 |
| Decision Date |
May 04, 1971 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the conviction and sentence against the appellant were set aside. The evidence presented was found to be unreliable, particularly due to the omission of the appellant's name in the first report and the lack of credible evidence linking him to the abduction. The court highlighted the importance of credible identification and the procedural failures in the investigation. The appellant was acquitted and ordered to be released from custody. |
| Summary |
In the case of Ghulam Rasool vs. The State, the Sindh High Court examined the legal intricacies surrounding the conviction of the appellant for offences related to abduction and wrongful confinement. The case stemmed from an incident where four women and a child were reportedly abducted by armed individuals, including the appellant. Key issues included the jurisdiction of the courts, the credibility of witnesses, and the procedural lapses during the investigation. The court found significant inconsistencies in the testimonies and emphasized the absence of the appellant's name in the initial report, which raised doubts about his involvement. Ultimately, the court ruled in favor of the appellant, emphasizing the importance of reliable evidence in criminal proceedings, and set aside the lower court's conviction. This case highlights critical aspects of criminal law, including the standards of proof required for conviction and the rights of individuals accused of serious crimes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
GHULAM RASOOL K. SHAIKH, J
|
| Lawyers |
Not available
|
| Petitioners |
Ghulam Rasool
|
| Respondents |
The State
|
| Citations |
1972 SLD 832 = 1972 PCRLJ 517
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code,
West Pakistan Arms Ordinance
|
| Sections |
452,
366,
368,
13(d)
|