| Case ID |
e9ef264d-9e92-4940-9a89-ffdae1b1ebbd |
| Body |
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| Case Number |
Criminal Appeals Nos. 298 and 299-L of 2017 |
| Decision Date |
Jun 24, 2019 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan acquitted the appellant from the charges of murder and terrorism, citing significant discrepancies in the prosecution's case. The court noted that the prosecution's claims regarding the circumstances of the arrest were questionable, as the arrest did not appear in the crime report, and witnesses had not provided truthful accounts. The acquittal of a co-accused who was a lady constable further undermined the prosecution's position. The autopsy report revealed injuries inconsistent with the alleged weapon used, leading the court to conclude that maintaining the conviction would be unsafe. As a result, Criminal Appeal No. 299-L/2017 was allowed, and the judgment was set aside, while Criminal Appeal No. 298-L/2017 was dismissed. |
| Summary |
This case revolves around the acquittal of an individual accused of murder and terrorism under the Pakistan Penal Code and the Anti-Terrorism Act. The Supreme Court critically analyzed the evidence presented, highlighting inconsistencies and questioning the reliability of the prosecution's narrative. The court emphasized the significance of credible witness testimony and the integrity of the investigative process. The decision to acquit the appellant was based on a thorough reappraisal of the evidence, ultimately leading to the conclusion that the prosecution failed to meet the burden of proof required for a conviction. This case underscores the importance of due process and the judiciary's role in safeguarding the rights of the accused against erroneous convictions. The decision has implications for future cases involving similar charges, reinforcing the need for meticulous evidence handling and witness credibility assessments. The ruling is a pivotal reference point in discussions on legal standards in criminal justice, particularly concerning terrorism-related offenses. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MANZOOR AHMAD MALIK,
SYED MANSOOR ALI SHAH,
QAZI MUHAMMAD AMIN AHMED
|
| Lawyers |
Abid Saqi, Advocate Supreme Court (in Criminal Appeal No. 298-L of 2017),
Naveed Ahmed Kh., Advocate Supreme Court (in Criminal Appeal No. 299-L of 2017),
Naveed Ahmed, Kh., Advocate Supreme Court No.2 (in Criminal Appeal No. 298-L of 2017)
|
| Petitioners |
Abid Saqi,
Naveed Ahmed Kh.
|
| Respondents |
THE STATE AND OTHERS,
Ch. Muhammad Mustafa
|
| Citations |
2019 SLD 1890,
2019 SCMR 1391
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Anti Terrorism Act, 1997
|
| Sections |
302(b),
7
|