| Case ID |
e10cf507-d19c-4d32-b04f-c3b48283bbde |
| Body |
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| Case Number |
Jail Criminal Appeal No. 128 of 2001 |
| Decision Date |
Feb 27, 2003 |
| Hearing Date |
|
| Decision |
The court found that the prosecution failed to establish the guilt of the accused, Akbar Khan, in the murder case of Sherinzada. The judgment highlighted the lack of ocular evidence and stated that the prosecution relied solely on circumstantial evidence, which was insufficient. The court noted that the statement of the deceased's widow was recorded under Section 164 in the absence of the accused and was deemed unreliable. The prosecution also failed to prove a motive for the murder. Consequently, the court acquitted the accused from the murder charge and ordered his release, reinforcing the importance of credible evidence in criminal cases. |
| Summary |
In the case of Akbar Khan vs. The State, the Peshawar High Court reviewed the appeal against the conviction of Akbar Khan for murder under Section 302 of the Penal Code. The case revolved around the fatal shooting of Sherinzada, with the prosecution relying on circumstantial evidence and the testimony of the deceased's widow. However, the court found significant flaws in the prosecution's case, including the absence of ocular evidence and the unreliability of witness statements. The court emphasized that the prosecution must establish a clear chain of evidence, particularly in cases based on circumstantial evidence. The lack of motive and procedural irregularities, such as the recording of witness statements without cross-examination, led to the acquittal of Akbar Khan. This case underlines the necessity for solid evidence and fair trial standards in criminal proceedings, reinforcing the principle that an accused is presumed innocent until proven guilty beyond a reasonable doubt. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Malik Hamid Saeed,
Jehan Khan Yousufzai
|
| Lawyers |
Noor Alam Khan,
Jamil Ahmed
|
| Petitioners |
Akbar Khan
|
| Respondents |
The State
|
| Citations |
2003 SLD 1211,
2003 PCRLJ 1057
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
161,
164
|