| Case ID |
7394d649-8894-4302-9377-532f96c7bbb0 |
| Body |
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| Case Number |
Crl. A. No. 19-K of 2016 |
| Decision Date |
Oct 03, 2017 |
| Hearing Date |
|
| Decision |
The appeal was allowed as the prosecution failed to prove its case against the appellants beyond a shadow of doubt. The court highlighted that the evidence presented, particularly regarding the identification parade and the recovery of items, was insufficient to establish the guilt of the appellants. The absence of key witnesses and contradictions in testimonies further weakened the prosecution's case. Consequently, the appellants were granted the benefit of the doubt, leading to their acquittal. |
| Summary |
In the case of Crl. A. No. 19-K of 2016, the Federal Shariat Court examined the conviction of the appellants under the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, and the Pakistan Penal Code, 1860. The case revolved around allegations of robbery and the subsequent trial where significant evidentiary issues arose. The court found that the identification parade conducted was flawed as it involved joint identification, which is not standard practice. Furthermore, the delay in lodging the First Information Report (FIR) raised questions about the prosecution's credibility. The court emphasized that the prosecution must prove its case beyond a reasonable doubt, which it failed to do in this instance. The decision underscored the importance of proper legal procedures and the presumption of innocence until proven guilty. This case serves as a critical reference for issues related to identification in criminal cases and the standards of evidence required for conviction. Keywords include 'criminal law,' 'identification parade,' 'burden of proof,' and 'legal procedures'. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
MEHMOOD MAQBOOL BAJWA
|
| Lawyers |
Kazi Muhammad Ashraf,
Mr. Shabir Ahmed Kumbhar,
Muhammad Nawaz Taheri,
Mr. Muzaffar Hussain Salongi
|
| Petitioners |
BASHIR AHMED,
OTHERS
|
| Respondents |
STATE
|
| Citations |
2018 SLD 2247,
2018 PLJ 39
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Offences Against Property (Enforcement of Hudood) Ordinance, 1979,
Pakistan Penal Code, 1860
|
| Sections |
17(3),
392
|