| Case ID |
f681c7a2-b97b-423d-9470-0c26c9ed0c92 |
| Body |
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| Case Number |
D-25 of 2010 |
| Decision Date |
Nov 25, 2010 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the Criminal Acquittal Appeal filed by Muhammad Usman against the acquittal of the respondents in the case of Qasim's death. The court found that the prosecution failed to provide sufficient evidence linking the accused to the death of the deceased. The complainant and their counsel did not appear on multiple occasions, leading to the conclusion that the trial court had granted ample opportunities to present their case. The lack of a post-mortem report and the significant time lapse between the incident and the filing of the FIR further weakened the prosecution's case. The court upheld the acquittal, confirming that the evidence did not support the claim that the accused caused the death of Qasim. |
| Summary |
This case revolves around the acquittal of several individuals accused of the murder of Qasim. The incident reportedly occurred on April 6, 2007, when Qasim was allegedly attacked by Ramzan and others. The prosecution faced challenges as the FIR was filed over three months after the incident, and there were significant inconsistencies in the statements made by the complainant and witnesses. The trial court acquitted the accused due to insufficient evidence, and the High Court upheld this decision, noting the lack of a medical certificate confirming the cause of death and the absence of the complainant during crucial hearings. This case highlights the importance of timely prosecution and the necessity of substantial evidence in criminal cases. Keywords: Criminal Acquittal Appeal, murder case, Sindh High Court, Qatl-e-amd, evidence in court, FIR registration delay, medical evidence, witness statements. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AMIR HANI MUSLIM,
IRFAN SAADAT KHAN
|
| Lawyers |
Muhammad Shafi Kashmiri,
,
Muhammad Iqbal Kalhoro
|
| Petitioners |
MUHAMMAD USMAN
|
| Respondents |
RAMZAN,
Aslam,
Jalal,
Moosa
|
| Citations |
2011 SLD 2206,
2011 YLR 885
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
337-A(i),
337-F(v),
504,
34,
417(2-A)
|