| Case ID |
d7c863a9-3b22-40e7-b50a-4ca4a5a3b0d9 |
| Body |
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| Case Number |
Cr. A. No. 95 of 2016 |
| Decision Date |
Nov 25, 2017 |
| Hearing Date |
Nov 24, 2017 |
| Decision |
The Balochistan High Court acquitted Khair Muhammad Shah, who was previously convicted for causing the death of Shafi Muhammad due to alleged rash driving. The prosecution failed to prove beyond reasonable doubt that the appellant was driving in a negligent manner. The court highlighted the lack of eyewitness testimony and the complainant's hearsay evidence, which was not admissible. Furthermore, the possibility of the deceased's negligence was considered, which could not be ruled out. Due to these significant gaps in the prosecution's case, the court set aside the conviction and sentence, allowing the appeal and discharging the appellant's bail bonds. |
| Summary |
In the case of Khair Muhammad Shah vs. The State, the Balochistan High Court addressed serious allegations of negligence resulting in death due to a vehicular accident. The case revolved around the principles of criminal liability and the necessity for the prosecution to prove its case beyond a reasonable doubt. The court meticulously examined the evidence, emphasizing the lack of direct eyewitness accounts and the reliance on hearsay. It concluded that the prosecution's failure to establish the appellant's culpability led to the acquittal of Khair Muhammad Shah. This case underscores the importance of solid evidence in criminal trials and the legal principle that an accused person is presumed innocent until proven guilty. The decision also reflects the court's commitment to upholding justice and ensuring that convictions are based on concrete proof rather than conjecture. Keywords: negligence, vehicular accident, criminal liability, acquittal, evidence, eyewitness, hearsay, justice, legal principles. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HASHIM KHAN KAKAR
|
| Lawyers |
Wali Muhammad Nasir,
Ms. Afshan Memon
|
| Petitioners |
Not available
|
| Respondents |
THE STATE
|
| Citations |
2018 SLD 1417,
2018 PCRLJ 914
|
| Other Citations |
Khushal v. State 1971 SCMR 357
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
320,
279,
427
|