| Case ID |
d89f8f3c-6ffc-4f27-8d0b-97cf985718a4 |
| Body |
View case body. Login to View |
| Case Number |
Jail Criminal Appeal No. 13/K of 2015 |
| Decision Date |
Dec 16, 2016 |
| Hearing Date |
Nov 30, 2016 |
| Decision |
The appeal against the conviction under section 302(b) of the Penal Code and section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was dismissed. The court found that the confessional statement of the accused was recorded following all legal formalities and was deemed voluntary. The evidence presented by the prosecution, including the confessional statement and the circumstantial evidence, was sufficient to uphold the conviction. The court emphasized that the brutal nature of the crime, involving the murder of a four-year-old child, warranted the decision made by the trial court. The court concluded that there were no grounds for interference with the trial court's judgment, which was based on sound reasoning and substantial evidence. |
| Summary |
In the case of Jail Criminal Appeal No. 13/K of 2015, the Federal Shariat Court addressed the gruesome murder of a four-year-old girl, Misbah. The accused, Salamat Ali, was convicted under sections 302(b) and 364-A of the Penal Code, as well as section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The prosecution's case was largely based on a confessional statement made by the accused, which the trial court found to have been made voluntarily and after all legal requirements were fulfilled. The court noted that the confessional statement was corroborated by the testimony of the complainant, who was the brother of the accused, and other witnesses. Despite some inconsistencies in witness testimonies, the overall evidence was deemed sufficient to support the conviction. The court highlighted the brutal nature of the crime, including the physical injuries sustained by the victim, and the presence of evidence indicating unnatural sexual intercourse. The decision underscored the importance of upholding justice for heinous crimes against children, reaffirming the conviction and the life sentence imposed on the accused. This case serves as a critical reference point for similar cases involving child abuse and murder, emphasizing the legal standards for confessions and the evidentiary requirements necessary for securing convictions in serious criminal offenses. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
MRS. ASHRAF JAHAN,
RIAZ AHMAD KHAN
|
| Lawyers |
Agha Zafir Ali,
Ali Haider Saleem
|
| Petitioners |
Not available
|
| Respondents |
THE STATE
|
| Citations |
2017 SLD 2011,
2017 MLD 701
|
| Other Citations |
Asif Mahmood v. The State, 2005 SCMR 515,
Zafar Ali and another v. The State 1994 PCr.LJ 956,
Anwar Shamim and another v. The State 2010 SCMR 1791,
Jamshed Khan v. Muhammad Saeed and others 2010 SCMR 1796,
Muhammad Amin v. The State PLD 2006 SC 219,
Zakir Khan and others v. The State 1995 SCMR 1793,
Mian Ranjha v. The State 1995 SCMR 1806
|
| Laws Involved |
Penal Code (XLV of 1860),
Offence of Zina (Enforcement of Hudood) Ordinance, 1979
|
| Sections |
302(b),
364-A,
12
|