| Case ID |
f8152138-6a1a-4663-b8a8-850794309582 |
| Body |
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| Case Number |
Criminal Appeal No. 274 of 2009 |
| Decision Date |
Dec 21, 2010 |
| Hearing Date |
Dec 21, 2010 |
| Decision |
The appellant, Sher Akbar, was convicted and sentenced to life imprisonment for the murder of Zaman Khan and Ayaz Khan. However, upon appeal, the Peshawar High Court found significant discrepancies in the evidence presented by the prosecution. The Court highlighted issues such as the lack of a credible eyewitness, conflicting medical evidence, and the Investigating Officer's failure to provide a plausible explanation for the preliminary investigation. Consequently, the Court extended the benefit of doubt to the appellant, acquitting him of all charges and ordering his immediate release. |
| Summary |
This case revolves around the appeal of Sher Akbar, who was sentenced to life imprisonment for the murder of two individuals, Zaman Khan and Ayaz Khan. The Peshawar High Court, while reviewing the case, identified several critical flaws in the prosecution's case, including the absence of reliable eyewitness accounts and inconsistencies between ocular evidence and medical findings. The court emphasized the principle of 'benefit of doubt,' which is a cornerstone of criminal justice, ensuring that no individual is convicted unless their guilt is proven beyond a reasonable doubt. The Court's decision underscores the importance of thorough and credible evidence in criminal proceedings, particularly in cases involving serious charges such as murder. The ruling also highlights that each accused has the right to a fair trial, independent of the outcomes of co-accused, reinforcing the judicial system's commitment to justice. Keywords that may help in understanding the implications of this case include 'murder appeal,' 'benefit of doubt,' 'Peshawar High Court,' and 'criminal justice system.' |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
DOST MUHAMMAD KHAN,
SYED SAJJAD HASSAN SHAH
|
| Lawyers |
Muhammad Saleem Khan,
Malik Muhammad Rehan,
Syed Akbar Ali Shah
|
| Petitioners |
Sher Akbar
|
| Respondents |
Another,
Mst. Sajida
|
| Citations |
2011 SLD 992,
2011 YLR 1014
|
| Other Citations |
Farman and others v. The State PLD 1980 SC 201,
Zaley Mir alias Zaley v. The State 1997 PCr.LJ Pesh. 510,
Kamal Din v. Muhammad Sharif 1987 SCMR 1264,
Riaz Masih alias Mithoo v. The State 1995 SCMR 1730,
Younus Warind v. Nazir Ahmad Siddiqui PCR.LJ 1997 Pesh. 549
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
34,
302
|