| Case ID |
e1db364e-8e92-4ef0-af8b-8dfcc5aa126a |
| Body |
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| Case Number |
Criminal Appeals Nos. 188, 193, 198, 199 and 202 o |
| Decision Date |
May 11, 2018 |
| Hearing Date |
May 11, 2018 |
| Decision |
The appeals were allowed, and the convictions of the appellants were set aside. The court found significant discrepancies in the evidence presented by the prosecution, which raised reasonable doubts about the guilt of the accused. The evidence indicated that the appellants had not colluded with public officials to manipulate land records and that key allegations were not substantiated. The court emphasized that the principle of benefit of doubt must be extended to the accused as a matter of right. The ruling reinforced the notion that public servants cannot be charged under specific sections of the Pakistan Penal Code when the actions are not directly linked to their public duties. |
| Summary |
The case involves multiple criminal appeals against convictions related to land fraud and corruption. The appellants were accused of colluding with revenue officials to illegally transfer land ownership through forged documents. The Sindh High Court ultimately found that the prosecution failed to present credible evidence linking the appellants to the alleged crimes. The court highlighted the importance of the benefit of doubt in criminal law, ruling that the absence of direct evidence against the appellants warranted their acquittal. This case underscores the legal complexities surrounding land disputes and the application of corruption laws in Pakistan, particularly concerning the roles of public officials and private individuals in property transactions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SALEEM JESSAR
|
| Lawyers |
Mirza Adil Baig
|
| Petitioners |
MUHAMMAD PANAH JOKHIO,
MIRZA ADIL BAIG
|
| Respondents |
THE STATE
|
| Citations |
2019 SLD 3172 = 2019 YLR 2911
|
| Other Citations |
Syed Hamid Saeed Kazmi v. State 2017 PCr.LJ 854,
Nasir Abbas v. The State and another 2011 SCMR 1966,
Mohammad Akram v. The State 2012 SCMR 440,
Umar Farooque v. State 2006 SCMR 1605
|
| Laws Involved |
Pakistan Penal Code, 1860,
Qanun-e-Shahadat (10 of 1984),
Criminal Procedure Code (V of 1898),
Prevention of Corruption Act, 1947
|
| Sections |
34,
166,
167,
217,
218,
400,
79,
84,
233,
249-A,
342,
367,
540-A,
5(2)
|