| Case ID |
e28978a1-c92e-4d40-8bf4-ffc3c3f1b4b4 |
| Body |
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| Case Number |
Crl. Rev. No. 03-K of 2022 |
| Decision Date |
Feb 03, 2023 |
| Hearing Date |
Oct 31, 2022 |
| Decision |
In the case of FAHEEM vs. STATE, the Federal Shariat Court reviewed the petitions following an appeal against the conviction and sentence imposed by the Additional Sessions Judge Khipro. The court found significant discrepancies and contradictions in the prosecution's case, particularly regarding the handling of evidence, including the chemical examiner's report. The court ruled that the prosecution had failed to prove its case beyond a reasonable doubt, leading to the acquittal of the petitioner, FAHEEM. The conviction and sentence previously awarded were set aside, and the petitioner was granted the benefit of the doubt, resulting in the cancellation of the bail bond and discharge of the surety. |
| Summary |
The case of FAHEEM vs. STATE highlights the critical importance of reliable evidence in criminal proceedings. The Federal Shariat Court's decision to acquit the petitioner underscores the necessity for the prosecution to establish its case beyond a reasonable doubt. Key issues included the questionable handling of evidence related to the alleged possession of raw wine, procedural lapses in witness testimonies, and the failure to present corroborative evidence. This case serves as a vital reminder of the legal principle that any reasonable doubt about an accused's guilt must benefit the accused. It reinforces the standards of evidence required in criminal law, making it a significant reference for future cases involving similar legal principles. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
Khadim Hussain M. Shaikh
|
| Lawyers |
Mr. Habibullah Chaniho,
Mr. Zahoor Shah
|
| Petitioners |
FAHEEM
|
| Respondents |
STATE
|
| Citations |
2023 SLD 6854,
2023 PLJ 660
|
| Other Citations |
1969 SCMR 777,
NLR 1997 SD 599,
2008 SCMR 1221,
2009 SCMR 230
|
| Laws Involved |
Prohibition (Enforcement of Hadd) Order, 1979,
Criminal Procedure Code (V of 1898)
|
| Sections |
4,
435,
439
|