| Case ID |
d7cafd58-0da6-4de1-9dfc-4d3de5fe1530 |
| Body |
View case body. Login to View |
| Case Number |
Cr. A. No. 21-B of 2007 |
| Decision Date |
May 22, 2014 |
| Hearing Date |
|
| Decision |
The appeal against the acquittal was dismissed as devoid of substance. The court found that the prosecution did not meet the burden of proof necessary to establish guilt beyond a reasonable doubt. Both alleged eyewitnesses were deemed unreliable due to contradictions in their testimonies and lack of presence during the incident. The motive alleged was not substantiated by independent evidence, and the defense witnesses corroborated the accused's version of events. The recovery of empty cartridges alone was insufficient to warrant a conviction. The principles governing appeals against acquittal were emphasized, including the presumption of innocence and the necessity for a clear evidentiary basis to overturn lower court rulings. |
| Summary |
This case revolves around a criminal appeal concerning acquittal in a murder case. The appellant, Gul Din, challenged the judgment of the Sessions Court that acquitted the accused, Sard Ali alias Sardal. The High Court assessed the evidence, including eyewitness testimonies, medical reports, and the circumstances surrounding the alleged crime. It concluded that the prosecution failed to establish the accused's guilt beyond a reasonable doubt, citing contradictions in witness statements and lack of direct evidence linking the accused to the crime. The court reiterated the importance of evidentiary standards in criminal proceedings, especially in appeals against acquittal, where the presumption of innocence is paramount. The decision emphasizes the necessity for reliable and corroborated evidence in establishing criminal liability. This case highlights significant principles of criminal justice, including the burden of proof and the rights of the accused, resonating with ongoing discussions in legal circles regarding fair trial standards and the integrity of judicial processes. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ASSADULLAH KHAN CHAMKANI,
MUHAMMAD DAUD KHAN
|
| Lawyers |
Muhammad Anwar Khan Maidad Khel for Appellant,
Saifur Rehman Addl. A.G. for the State,
Haji Mirzali Khan for Respondent
|
| Petitioners |
GUL DIN
|
| Respondents |
THE STATE
|
| Citations |
2015 SLD 1041,
2015 YLR 2666
|
| Other Citations |
PLD 1973 SC 322,
PLD 2009 SC 53,
PLD 1980 SC 201,
2011 YLR 1014
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
324,
34,
417(2)
|