| Case ID |
ed1d99e5-418e-481d-97fa-da05f02e4d3f |
| Body |
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| Case Number |
Crl.A. No. 178 of 1998 |
| Decision Date |
May 19, 2006 |
| Hearing Date |
|
| Decision |
The Peshawar High Court upheld the acquittal of the accused in Criminal Appeal No. 178 of 1998. The court found that the trial court had not violated any rules of law and had properly appreciated the evidence presented. The judgment emphasized the presumption of innocence attached to acquittals and noted that the prosecution failed to demonstrate that material evidence was overlooked. The court concluded that the trial judge's decision was fair and based on a thorough evaluation of the evidence, thus dismissing the appeal. |
| Summary |
In the case of Criminal Appeal No. 178 of 1998, the Peshawar High Court addressed the acquittal of the accused who were charged with smuggling counterfeit cigarettes. The court emphasized the importance of proper evidence evaluation and the presumption of innocence in acquittals. The decision highlighted that minor discrepancies in witness statements should not undermine a well-founded acquittal. The ruling reflects the legal principle that the prosecution carries the burden of proof beyond a reasonable doubt. This case serves as a significant reference for future appeals against acquittals, underscoring the necessity for substantial evidence to challenge a trial court's decision. Furthermore, it reiterates the legal standards concerning the admissibility of confessional statements and the importance of timely recording of such evidence. The outcome reinforces the integrity of the judicial process and the protection of the rights of the accused. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ-UL-HASSAN, J.
|
| Lawyers |
Mr. Amin ur Rehman, Advocate for Appellant,
Mr. Tariq Javed, Advocate for Respondents
|
| Petitioners |
STATE through ADVOCATE GENERAL, NWFP
|
| Respondents |
PIR MUHAMMAD,
Haji Ghani,
Fazal Ghafoor
|
| Citations |
2007 SLD 3068,
2007 PLJ 323
|
| Other Citations |
PLD 1996 Peshawar 43,
PLD 1987 Quetta 96
|
| Laws Involved |
Criminal Procedure Code, 1898,
Pakistan Penal Code, 1860
|
| Sections |
342,
417,
286,
419,
468,
482,
487
|