| Case ID |
ed34600f-bd51-4df0-a5ca-6312fa954f23 |
| Body |
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| Case Number |
Criminal Acquittal Appeal No. 252 of 2012 |
| Decision Date |
Jul 26, 2017 |
| Hearing Date |
Jul 26, 2017 |
| Decision |
The Sindh High Court allowed the appeal against the acquittal of Waseem Faraz, who was previously acquitted by the Trial Court under Section 249-A of the Criminal Procedure Code. The Court found that the acquittal was based on improper grounds, as the accused was in possession of a 9-MM pistol without a license. The Court emphasized that the prosecution witnesses had not been allowed to present their evidence due to delays, and the accused's ongoing detention without trial was a significant factor. The case was remanded back to the Trial Court for the recording of evidence and a proper trial. |
| Summary |
This case revolves around the appeal made by the State against the acquittal of Waseem Faraz under the Arms Ordinance after being found in possession of a 9-MM pistol. The Sindh High Court scrutinized the procedural adherence of the Trial Court, highlighting the lack of evidence recording and the prolonged detention of the accused without proper trial. With the decision to remand the case for a new trial, the Court underscored the importance of due process and the need for a fair trial, allowing the prosecution to present its case fully. This case serves as a reminder of the judicial system's responsibility to ensure justice is served while maintaining the rights of the accused. Key terms include criminal acquittal, arms possession, judicial process, and trial rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ADNAN UL KARIM MEMON
|
| Lawyers |
Ms. Seema Zaidi, D.P.G. for Appellant,
Zafar Ali Sipyo for Respondent
|
| Petitioners |
STATE THROUGH PROSECUTOR GENERAL, SINDH
|
| Respondents |
WASEEM FARAZ
|
| Citations |
2018 SLD 1762,
2018 YLR 1695
|
| Other Citations |
State through Advocate General Sindh v. Raja Abdur Rehman 2005 SCMR 1544
|
| Laws Involved |
Arms Ordinance, 1965,
Criminal Procedure Code (V of 1898)
|
| Sections |
13-D,
249-A
|