The State through Prosecutor-General, Sindh vs Ahmad Omar Sheikh
This matter concerns criminal appeals and petitions filed by the State against the acquittal of respondents by the High Court of Sindh, alongside a cross-appeal by Ahmed Omer Shaikh challenging his conviction. The core legal question before the Supreme Court of Pakistan was whether the evidence presented was sufficient to sustain the convictions for kidnapping for ransom and terrorism-related offenses, or whether the High Court correctly acquitted the accused. By a majority of 2 to 1, the Supreme Court dismissed the State's appeals and petitions, thereby maintaining the High Court's judgment acquitting all four respondents. Furthermore, the Court allowed the appeal of Ahmed Omer Shaikh regarding his conviction under the Pakistan Penal Code, extending him the benefit of doubt and acquitting him of that charge as well. The Court ordered the immediate release of all respondents unless required in other cases. The decision underscores the principle that where the prosecution fails to prove its case beyond reasonable doubt, the benefit of that doubt must be extended to the accused, resulting in acquittal.
- Whether the High Court's acquittal of the respondents in a criminal case is sustainable when the prosecution fails to prove its case beyond reasonable doubt?
- Can a conviction under the Pakistan Penal Code be set aside if the appellate court finds grounds to extend the benefit of doubt to the accused?
- Is the immediate release of an accused mandatory upon their acquittal by the Supreme Court if they are not required in any other case?
- Section 362, Pakistan Penal Code 1860
- Section 365-A, Pakistan Penal Code 1860
- Section 120-B, Pakistan Penal Code 1860
- Section 7, Anti-Terrorism Act 1997
- Section 382-B, Code of Criminal Procedure 1898
ORDER
1. MUSHIR ALAM, J. For the reasons to be recorded later, by a majority of 2 to 1 (Yahya Afridi, J. dissenting), Criminal Appeals No. 599, 600 & 601 of 2020, Criminal Petitions No. 1085 & 1086 of 2020 are dismissed, the impugned judgment dated 02.04.2020 passed by the High Court of Sindh, Karachi is maintained to the extent of acquittal of all the four respondents from their charges. Criminal Appeal No. 602 of 2020 filed by Ahmed Omer Shaikh against his conviction under section 362, PPC, is allowed and he is acqu itted of the charge by extending the benefit of doubt to him. Ahmed Omer Shaikh, Fahad Nasim Ahmed, Syed Salman Saqib and Shaikh Muhammad Adil shall be released from the jail forthwith if not required to be detained in connection with any other case. All the miscellaneous applications filed by the either party have lost their relevance, hence, disposed of as such.
2. YAHYA AFRIDI, J. For the reasons to be recorded later, Criminal Appeals No. 599, 600 & 601 of 2020 and Criminal Petitions No. 1085 & 1086 of 2020 are partly allowed in the terms that Ahmed Omer Shaikh and Fahad Nasim are convicted under sections 365-A & 120-B, PPC and section 7 of the Anti-T errorism Act, 1997 each and sentenced to imprisonment for life on each count. All the sentences passed against both of the convicts shall run concurrently .
3. The benefit under section 382-B, Cr.P.C. shall be extended to them. To the extent of Syed Salman Saqib and Shaikh Muhammad Adil Criminal Appeals No. 599, 600 & 601 of 2020 and Criminal Petitions No. 1085 & 1086 of 2020 are dismissed and their acquittal is maintained on all the charges, they shall be released from the jail forthwith if not required to be detained in connectio n with any other case. Criminal Appeal No. 602 of 2002 filed by Ahmed Omer Shaikh is dismissed.