| Case ID |
edb31fdf-d6f8-4b9c-93a7-ecf5c5dfd78b |
| Body |
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| Case Number |
Criminal Acquittal Appeals Nos. D-15 and 120 of 20 |
| Decision Date |
Apr 24, 2018 |
| Hearing Date |
|
| Decision |
The appeal against acquittal was dismissed as the prosecution failed to prove the respondent's involvement in the murder. The evidence presented did not establish that the respondent shared a common intention with the principal accused, who was declared absconder. The High Court emphasized that a judgment of acquittal should only be interfered with if the Trial Court's view was manifestly perverse on facts or vitiated in law. Since the Trial Court's conclusion was reasonable, the High Court upheld the acquittal. |
| Summary |
In the case of Sindh High Court's Criminal Acquittal Appeals Nos. D-15 and 120 of 2007, the court addressed a significant matter concerning the Penal Code and the Criminal Procedure Code. The case revolved around the appeal against the acquittal of an individual accused of murder. The prosecution alleged that the accused participated in the murder of the complainant's brother, but the evidence was insufficient to demonstrate the accused's involvement or common intention with the principal accused, who was absent. The court highlighted the importance of substantial evidence in criminal cases and reaffirmed that a judgment of acquittal should be respected unless there is a clear miscarriage of justice. This case underscores the critical standards of proof in criminal law and the protection of individual rights against wrongful conviction, which is a trending topic in legal discussions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NAIMATULLAH PHULPOTO,
SHAMSUDDIN ABBASI
|
| Lawyers |
Not available
|
| Petitioners |
SARFARAZ AHMED
|
| Respondents |
another,
AFAQUE AHMED
|
| Citations |
2023 SLD 270,
2023 MLD 187
|
| Other Citations |
The State v. Abdul Khalique and others PLD 2011 SC 554
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
34,
417
|