| Case ID |
eb120f4e-be8b-436a-86a1-d0f5abafd3a7 |
| Body |
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| Case Number |
Criminal Appeal No. 31 of 2006 |
| Decision Date |
Jul 11, 2008 |
| Hearing Date |
Jul 09, 2008 |
| Decision |
The Peshawar High Court accepted the appeals of both Alif Gul and Mst. Kalsoom, setting aside the convictions and sentences imposed by the trial court. The court found that the only evidence against Alif Gul was the retracted confessional statement of his co-accused, Mst. Kalsoom, which was deemed unreliable due to her prolonged police custody. The court also highlighted that mere abscondence cannot be a basis for conviction. The decision emphasized the need for corroborative evidence in criminal cases and ruled that the prosecution failed to establish a solid case against the appellants, leading to their acquittal. |
| Summary |
In the case of Alif Gul v. Noor Afzal, the Peshawar High Court addressed critical issues regarding the reliability of confessions obtained under duress and the implications of abscondence in criminal law. The court scrutinized the evidence presented by the prosecution, particularly focusing on the confession made by Mst. Kalsoom, which was retracted during the trial. The judgment underscored that confessions obtained during periods of excessive police custody may not be voluntary and should be treated with caution. Furthermore, the case highlighted the importance of direct evidence in establishing guilt beyond reasonable doubt. The court's decision to acquit both appellants serves as a reminder of the stringent standards required for criminal convictions in Pakistan, stressing that the absence of credible evidence cannot sustain a conviction. This ruling is significant for legal practitioners and scholars interested in criminal law, evidentiary standards, and the rights of the accused. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
HAMID FAROOQ DURRANI,
MUHAMMAD ALAM KHAN
|
| Lawyers |
Khawaja Muhammad Khan Gara,
Malik Manzoor Hussain,
Nemo
|
| Petitioners |
ALIF GUL
|
| Respondents |
NOOR AFZAL and others
|
| Citations |
2009 SLD 254,
2009 PLD 20
|
| Other Citations |
Mst. Zafran v. The State 1999 PCr.LJ 163,
Shabi-ul-Hassan v. The State PLD 1991 SC 898,
Rahimullah Jan v. Kashif and another PLD 2008 SC 298,
Muhammad Israr and other v. The State 2002 PCr.LJ 1072
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302(b),
34
|