| Case ID |
f5100da3-86d7-41e0-8109-dbd2bde252f4 |
| Body |
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| Case Number |
Criminal Appeal No. 180 of 1975 |
| Decision Date |
Dec 19, 1977 |
| Hearing Date |
|
| Decision |
The appeal was dismissed, upholding the convictions of the appellants under sections 395 and 397 of the Pakistan Penal Code. The learned Special Court had found sufficient evidence against the appellants, including ocular testimony from witnesses, identification of the accused, and recovery of stolen property. The Court modified the sentences for Shamoon and Ghulam Hussain to a unified term under section 395 read with section 397, while maintaining the sentences for the other appellants under section 395. The Court concluded that the evidence presented by the prosecution was compelling and that the defense arguments lacked merit. |
| Summary |
This case revolves around a dacoity incident that occurred at the Moen-Jo-Daro Railway Station on April 14-15, 1975. Five appellants were convicted by a Special Court under the Suppression of Terrorist Activities Act and the Pakistan Penal Code for their involvement in the crime. The key evidence included eye-witness accounts and the recovery of stolen property, which supported the prosecution's case. The appellants attempted to argue mistaken identity and enmity against them, but the Court found these claims unsubstantiated. The decision emphasizes the importance of reliable eyewitness testimony and the legal standards for the conviction of dacoity under Pakistani law. Keywords related to this case include dacoity, eyewitness testimony, Pakistan Penal Code, and legal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Z.A. Channa,
G. Muhammad Shah
|
| Lawyers |
Muhammad Hayat Junejo,
Usman Ghani Rashid
|
| Petitioners |
Ghulam Hussain,
Shamoon,
Dhani Bux,
Mitho,
Haji
|
| Respondents |
The State
|
| Citations |
1979 SLD 1420,
1979 PCRLJ 137
|
| Other Citations |
Not available
|
| Laws Involved |
Suppression of Terrorist Activities (Special Courts) Act, 1975,
Pakistan Penal Code
|
| Sections |
7,
395,
397
|