| Case ID |
df9a51fb-b86a-4037-b4f0-a6a2bb8b3a09 |
| Body |
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| Case Number |
Criminal Appeal No. 32 of 2002 |
| Decision Date |
Dec 26, 2002 |
| Hearing Date |
Dec 26, 2002 |
| Decision |
The appeal was allowed, and the decision of the trial court was set aside due to insufficient evidence against the accused, Ghulam Shabbir. The court found that the recovery of the crime weapon was not proven, and the confessional statement made by the accused was recorded after a significant delay, rendering it unreliable. Additionally, inconsistencies in witness testimonies and lack of corroborative evidence created reasonable doubt regarding the guilt of the accused. Therefore, the conviction and sentence passed by the trial court were deemed unsustainable in law, leading to the acquittal of the accused. |
| Summary |
In the case of Ghulam Shabbir vs. The State, the Sindh High Court examined the appeal against the conviction of Ghulam Shabbir under section 302(b) of the Penal Code. The case revolved around the murder of Hamzo, where the prosecution's evidence was critically analyzed. Key issues included the lack of proof regarding the recovery of the crime weapon, the belated confessional statement from the accused, and inconsistencies in witness testimonies, particularly from the complainant. The court emphasized the necessity of credible and consistent evidence to uphold a conviction. The outcome of the appeal highlighted the importance of due process and the presumption of innocence, ultimately leading to the acquittal of the accused. This case reinforces the legal principles surrounding evidentiary standards in criminal proceedings, particularly in murder cases, which are often complex and require meticulous scrutiny of all available evidence. Keywords such as 'murder case appeal', 'Sindh High Court decision', and 'evidence in criminal law' are relevant for understanding the implications of this judgment. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MOOSA K. LEGHARI, J
|
| Lawyers |
Rasood Bux Paleejo,
Anwar Ansari
|
| Petitioners |
GHULAM SHABBIR
|
| Respondents |
THE STATE
|
| Citations |
2005 SLD 1907,
2005 PLD 411
|
| Other Citations |
Muhammad Mansha v. The State 2001 SCMR 199,
Rana Shahbaz Ahmed and 2 others v. The State 2002 SCMR 203,
Tariq Pervaiz v. The State 1995 SCMR 1345
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|