| Case ID |
008b5a99-ea9a-4163-9474-5e5fdbdada0a |
| Body |
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| Case Number |
Crl. A. No. 61430-J and M.R No. 319 of 2017 |
| Decision Date |
Jan 18, 2021 |
| Hearing Date |
Jan 18, 2021 |
| Decision |
The appeal filed by Akhtar Ali and Sher Khan was allowed, resulting in the setting aside of the convictions and sentences awarded by the learned Additional Sessions Judge in Phalia on 27.04.2017. The appellants were acquitted of all charges leveled against them, and the benefit of doubt was extended to them. Additionally, Murder Reference No. 319 of 2017 was answered negatively, and the death sentences initially awarded to Akhtar Ali and Sher Khan were not confirmed. The court held that the prosecution failed to prove the case beyond a reasonable doubt due to various inconsistencies and delays in the investigation process. The appellants, currently in jail, are to be released forthwith unless required to be detained in any other case. |
| Summary |
In the landmark case Crl. A. No. 61430-J and M.R No. 319 of 2017, heard by the Lahore High Court on January 18, 2021, the appellants Akhtar Ali and Sher Khan successfully appealed against their convictions under Section 302(b) of the Pakistan Penal Code, 1860. The case revolved around the alleged murder of Muhammad Aslam and Nusrat Bibi, with the prosecution presenting a narrative of indiscriminate firing and motive tied to familial conflicts. However, significant delays in reporting the incident and conducting autopsies, along with questionable witness credibility, undermined the prosecution's case. The defense highlighted inconsistencies in witness testimonies and the lack of corroborative evidence, leading the court to extend the benefit of doubt to the appellants. Key legal principles emphasized included the necessity for the prosecution to prove guilt beyond reasonable doubt and the impact of witness credibility on case outcomes. This decision underscores the judiciary's commitment to upholding fair trial standards and ensuring that convictions are based on solid evidence. The case also references multiple precedents, reinforcing the importance of timely investigations and reliable witness testimonies in criminal jurisprudence. As a result, the appellants were acquitted, and the death sentences were overturned, marking a significant victory in the realm of criminal law and justice in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
STATE,
Muhammad Aslam,
Khalida Parveen,
Sher Khan,
Nusrat Bibi,
AKHTAR ALI,
Mr. Sheraz Zaka,
Ali Muhammad Zahid Bukhari,
Mr. Munir Ahmad Sial
|
| Judges |
SADAQAT ALI KHAN, JUSTICE,
SHEHRAM SARWAR CH., JUSTICE
|
| Lawyers |
Mr. Sheraz Zaka,
Ali Muhammad Zahid Bukhari,
Khalida Parveen,
Mr. Munir Ahmad Sial,
Nemo for Complainant.
|
| Petitioners |
AKHTAR ALI ETC.
|
| Respondents |
STATE ETC.
|
| Citations |
2021 SLD 1869,
2021 PLJ 727
|
| Other Citations |
Altaf Hussain vs. The State (2019 SCMR 274),
Irshad Ahmed vs. The State (2011 SCMR 1190),
Nazeer Ahmed vs. The State (2016 SCMR 1628),
Sarfraz alias Sappi and 2 others v. The State (2000 SCMR 1758),
Iftikhar Hussain and others v. The State (2004 SCMR 1185),
Akhtar Ali and others v. State (2008 SCMR 6),
Shahbaz vs. The State (2016 SCMR 1763),
Imtiaz alias Taj vs. The State and others (2018 SCMR 344),
Muhammad Khan vs. Maula Bakhsh and another (1998 SCMR 570)
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302(b)
|