| Case ID |
ec850fb7-9c25-4366-8ed5-bf4ae20032e6 |
| Body |
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| Case Number |
Jail Crl. Appeal No. 39-Q of 2001 and M.R. No. 2-Q |
| Decision Date |
Feb 07, 2018 |
| Hearing Date |
Feb 07, 2018 |
| Decision |
The Federal Shariat Court acquitted the convict based on the failure of the prosecution to prove its case beyond a shadow of a doubt. The identification parade proceedings were deemed unreliable due to significant omissions by witnesses regarding the convict's role. The evidence presented was insufficient to sustain a conviction under Section 396 of the Pakistan Penal Code, as the number of culprits was less than five. The court concluded that benefit of doubt must be extended to the convict, highlighting that conviction cannot be based on high probabilities. Therefore, the conviction and death sentence awarded by the trial court were set aside. |
| Summary |
This case revolves around the acquittal of Wazir Muhammad alias Lal Muhammad, who was convicted under Section 396 of the Pakistan Penal Code. The Federal Shariat Court reviewed the evidence and identified significant flaws in the prosecution's case, particularly concerning the credibility of witness testimonies and the identification parade. The court emphasized the legal principle that a conviction must be based on solid evidence beyond a reasonable doubt, and any ambiguity must favor the accused. The decision underscores the importance of reliable witness accounts in criminal cases, particularly in serious charges such as murder and robbery. The ruling also reiterates the legal tenet that a conviction cannot rest on speculation or weak evidence. This case serves as a critical reference for future cases involving similar legal principles, reinforcing the necessity of thorough and credible evidence in prosecuting criminal offenses. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
MEHMOOD MAQBOOL BAJWA
|
| Lawyers |
Mehr Sardar Ahmed Abid,
Syed Abdul Baqir Shah
|
| Petitioners |
Mehr Sardar Ahmed Abid
|
| Respondents |
Syed Abdul Baqir Shah
|
| Citations |
2018 SLD 2837,
2018 PLJ 82
|
| Other Citations |
2008 SCMR 6,
2010 SCMR 385,
1924 ILR 396,
1985 SCMR 721,
2008 SCMR 302,
2008 SCMR 1221,
2011 SCMR 537,
2011 SCMR 563,
2012 SCMR 522,
2017 SCMR 135
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
376,
376(c),
396
|