Case ID |
ffc7e2c2-8fa3-4fc6-bf33-1282e5aaea61 |
Body |
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Case Number |
Crl. Rev. No. 70 of 2019 |
Decision Date |
Jun 18, 2019 |
Hearing Date |
Jun 17, 2019 |
Decision |
The criminal revision petition was accepted, setting aside the impugned judgment and order from the trial and appellate courts. The court found that the prosecution failed to prove the charges against the appellants beyond a reasonable doubt due to significant delays in filing the FIR, contradictions in the complainant's statements, and lack of corroborative evidence linking the appellants to the crime. The court emphasized the importance of credible evidence and the principle that any doubt should benefit the accused. |
Summary |
In this case, the Quetta High Court reviewed the criminal revision petition involving charges under the Pakistan Penal Code, specifically Sections 34 and 392 related to robbery. The court scrutinized the FIR lodged by the complainant, noting a 24-hour delay in reporting the incident, which raised doubts about the credibility of the prosecution's case. The complainant's contradictory statements regarding the distance to the police station and his identification of the accused were pivotal in undermining the prosecution's case. The court highlighted that the burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt, and in this instance, that burden was not met. The decision reaffirmed essential legal principles regarding the rights of the accused and the need for thorough evidence in criminal proceedings. Keywords include criminal law, Pakistani law, Quetta High Court, acquittal, prosecution burden, FIR delays, and judicial scrutiny. |
Court |
Quetta High Court
|
Entities Involved |
Not available
|
Judges |
ABDUL HAMEED BALOCH, JUSTICE
|
Lawyers |
Mr. Jameel Shah,
Mr. Abdul Kareem Malghani
|
Petitioners |
2 OTHERS,
ABDUL WALI
|
Respondents |
STATE
|
Citations |
2020 SLD 2243,
2020 PLJ 953
|
Other Citations |
1989 PCr.LJ 2227,
PLD 2019 SC 488,
2019 MLD 162
|
Laws Involved |
Pakistan Penal Code, 1860
|
Sections |
34,
392
|