| Case ID |
d4237a80-d734-4291-a1b7-128e1c8238a2 |
| Body |
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| Case Number |
Criminal Appeal No. 83 of 1973 |
| Decision Date |
Jan 28, 1974 |
| Hearing Date |
|
| Decision |
The appeal was allowed due to doubts about the credibility of the prosecution's witnesses and the unexplained delay in lodging the FIR. The court found that the evidence presented was insufficient to uphold the conviction of the appellants under section 302 of the Pakistan Penal Code. The case raised significant issues regarding the reliability of eyewitness testimony and the handling of the investigation by law enforcement. The judgment emphasizes the need for corroborative evidence when relying on eyewitness accounts, especially in serious criminal cases. |
| Summary |
This case involves a criminal appeal heard by the Sindh High Court concerning the conviction of Roshan Ali and Muhammad Khan for the murder of Tagial. The incident occurred on July 27, 1970, and was witnessed by two individuals, Rasool Bux and Ali Madad. The prosecution's case hinged on their testimonies and the recovery of a blood-stained hatchet attributed to the accused. The High Court scrutinized the credibility of the eyewitnesses, noting significant delays in reporting the crime and inconsistencies in their accounts. The court emphasized the importance of corroborative evidence, leading to the conclusion that the prosecution failed to prove its case beyond a reasonable doubt. Consequently, the appeal was allowed, the convictions were set aside, and the appellants were ordered to be released. This judgment highlights key legal principles regarding the evaluation of eyewitness testimony, the role of forensic evidence, and procedural integrity in criminal investigations. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
TUFAIL ALI A. REHMAN, C.J,
FAKHRUDDIN G. IBRAHIM, J
|
| Lawyers |
|
| Petitioners |
Roshan Ali,
Muhammad Khan
|
| Respondents |
The State
|
| Citations |
1976 SLD 981 = 1976 PCRLJ 1122
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
302,
201
|