| Case ID |
67a963fa-dbaf-48a3-b95d-edb646f4fe00 |
| Body |
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| Case Number |
Criminal Revision Application No. 72 of 1976 |
| Decision Date |
Jan 24, 1979 |
| Hearing Date |
Jan 21, 1979 |
| Decision |
The court dismissed the application under section 439/561 A of the Cr. P. C. because the evidence presented did not substantiate the allegations against the accused, Syed Athar Ali Naqvi. The complainant's case was deemed to lack sufficient merit, as the testimonies of the three witnesses were found to be insufficient to establish a prima facie case. The prosecution did not provide adequate evidence to support the claims of causing the disappearance of evidence, which is required under section 201 of the Pakistan Penal Code. The court also noted that the actions of the accused were in the course of their official duties, which further complicated the prosecution's position. |
| Summary |
This case revolves around the interpretation of section 201 of the Pakistan Penal Code, which deals with the disappearance of evidence. The facts of the case emerged from an incident where the complainant, Ashfaq Ali, alleged that police officer Syed Athar Ali Naqvi had persuaded witnesses to provide false statements favoring the accused. The court scrutinized the definitions of 'evidence' and 'disappearance' within the legal framework, emphasizing that the term 'evidence' refers to tangible objects rather than witness statements. The decision highlighted the importance of substantial evidence in criminal proceedings and reinforced the legal standards required to prove an offense under the relevant sections of the penal code. The ruling underscored the necessity for precise definitions in legal contexts and the implications of witness manipulation in criminal investigations. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAYEE KURESHI, JUSTICE
|
| Lawyers |
Makhdoom Sharif,
Agha Ghalam Ali
|
| Petitioners |
Ashfaq Ali
|
| Respondents |
Syed Athar Ali Naqvi,
Halim
|
| Citations |
1979 SLD 391,
1979 PLD 799
|
| Other Citations |
Anwar Khan v. Emperor A I R 1921 Bom. 115,
Emperor v. Naran Bhai Bhulabhai 201 C 601,
Nagendra Bhakta v. Emperor A I R 1934 Cal. 144,
Upendra Chandra v. Emperor A I R 1941 Cal. 456,
Mohammad Bux v. The Empress (1882) 17 P R 25
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
201,
202
|