| Case ID |
7355cb9f-3aaa-4548-8fcb-fbac4c6b0445 |
| Body |
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| Case Number |
Criminal Appeals Nos. 63, 196 of 2015 and Criminal |
| Decision Date |
Oct 30, 2019 |
| Hearing Date |
Oct 14, 2019 |
| Decision |
The Balochistan High Court set aside the conviction and sentence awarded to the appellants by the Trial Court in terms of judgment dated 19.05.2015. The court found that the prosecution failed to establish the culpability of the accused through reliable evidence. The delay in sending the crime weapon for forensic analysis and the absence of ocular evidence led to reasonable doubt in the prosecution's case, resulting in the acquittal of both appellants. |
| Summary |
In the case of Akhtar Muhammad alias Ghamai and Sardar Muhammad alias Agha Shereen vs. The State, the Balochistan High Court addressed serious issues surrounding the reliability of circumstantial evidence and the validity of judicial confessions. The court emphasized the legal principle that a conviction based on circumstantial evidence must be established beyond reasonable doubt, ensuring the chain of evidence does not leave room for the accused's innocence. The case highlighted the importance of corroborative evidence in judicial confessions, particularly in capital charges. The High Court ultimately acquitted the appellants, stating that the prosecution failed to provide compelling evidence to support their convictions, which is a crucial aspect of criminal justice. This case serves as a significant reference point for future cases involving circumstantial evidence and judicial confessions, stressing the necessity for robust and credible evidence to uphold a conviction in serious criminal matters. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Hashim Khan Kakar,
Rozi Khan Barrech
|
| Lawyers |
Abdul Wali Khan Nasar,
Habibullah Gul,
Muhammad Shabbir Rajput
|
| Petitioners |
Hikmatullah son of Muhammad Zareef
|
| Respondents |
Akhtar Muhammad alias Ghamai,
Sardar Muhammad alias Agha Shereen
|
| Citations |
2020 SLD 782,
2020 PCRLJ 533
|
| Other Citations |
PLD 2003 SC 704,
PLD 1978 SC 21,
2003 SCMR 1419,
PLD 1978 Quetta 1,
2012 MLD 1358,
1995 SCMR 127,
2000 SCMR 528,
2017 SCMR 986,
2008 SCMR 707,
1995 SCMR 1345,
1995 SCMR 1730
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
201,
203,
164,
382(B)
|