| Case ID |
d679d2af-b08b-43b5-8dbc-9172ffce713c |
| Body |
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| Case Number |
Jail Petitions Nos. 228 and 157 of 2019 |
| Decision Date |
Feb 25, 2020 |
| Hearing Date |
Feb 25, 2020 |
| Decision |
The Supreme Court of Pakistan allowed the jail petitions filed by the petitioners, Muhammad Jabran, Zawar Husain, Adil Khan, and Shams ul Haq. The court found the prosecution's case to be doubtful from its inception, highlighting discrepancies in witness testimonies and lack of evidence supporting the alleged charges of kidnapping and robbery. The court set aside the convictions and sentences imposed by the Lahore High Court and acquitted the petitioners of all charges. The court noted that the mother of the abducted child was not presented as a witness, which could have influenced the case's outcome. The absence of a ransom demand further weakened the prosecution's arguments. |
| Summary |
In the case of Jail Petitions Nos. 228 and 157 of 2019, the Supreme Court of Pakistan examined the convictions of four petitioners accused of kidnapping and robbery under various sections of the Penal Code. The court highlighted significant inconsistencies in the evidence presented by the prosecution, including contradictions in witness accounts and the lack of credible evidence linking the petitioners to the alleged crime. The prosecution failed to establish a clear motive or any demands for ransom, which are critical elements in such cases. The court emphasized the importance of reliable eyewitness testimony and noted that the prosecution had not produced the most relevant witness, the mother of the abducted child, which led to an adverse inference against their case. As a result of these findings, the court acquitted the petitioners, reinforcing the principle that the burden of proof lies with the prosecution. This case underscores the necessity of thorough investigations and the presentation of compelling evidence in criminal trials. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Manzoor Ahmad Malik,
Amin-ud-Din Khan
|
| Lawyers |
Ghufran Khurshid Imtiazi,
Ch. M. Sarwar Sidhu
|
| Petitioners |
Muhammad Jabran,
Zawar Husain,
Adil Khan,
Shams ul Haq
|
| Respondents |
The State
|
| Citations |
2020 SLD 1559,
2020 SCMR 1493
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
363,
364,
393,
129(g)
|