| Case ID |
0255da32-dc4a-4ddb-98b1-a8ed60379dfd |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 265 and Murder Reference No. 5 |
| Decision Date |
Jun 25, 2019 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the appeal of Muhammad Sohail alias Saila, acquitting him of the charges of murder and robbery due to insufficient evidence. The prosecution failed to establish a credible case against him, as the identification parade was deemed flawed and the medical evidence did not corroborate the prosecution's version of events. The court highlighted that the prosecution did not prove its case beyond reasonable doubt, which is a fundamental requirement in criminal law. The court emphasized the principle that any doubt should be resolved in favor of the accused, leading to the conclusion that the appellant was entitled to acquittal. |
| Summary |
In the case of Muhammad Sohail Alias Saila vs. The State, the Lahore High Court dealt with serious allegations of murder and robbery. The trial court had convicted the appellant based on circumstantial evidence, but the High Court found significant flaws in the prosecution's case. Key issues included delays in reporting the crime, lack of reliable eyewitness testimony, and inadequacies in the identification parade process. The court underscored the importance of the presumption of innocence until proven guilty and reiterated that the prosecution bears the burden of proof beyond a reasonable doubt. The court's decision to acquit the appellant serves as a critical reminder of the legal standards required for a conviction in criminal cases, highlighting the necessity of trustworthy evidence and procedural fairness. The case references several important legal principles, including the necessity of corroboration in identification and the impact of reasonable doubt on verdicts. This ruling adds to the body of case law emphasizing the rights of the accused within the criminal justice system, particularly in cases involving serious charges such as murder and robbery. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SAYYED MAZAHAR ALI AKBAR NAQVI,
JUSTICE MUHAMMAD WAHEED KHAN,
JUSTICE MUHAMMAD SOHAIL ALIAS SAILA
|
| Lawyers |
Nisar Ahmad Kausar
|
| Petitioners |
Muhammad Sohail Alias Saila
|
| Respondents |
The State and Others
|
| Citations |
2019 SLD 2898 = 2019 MLD 1982
|
| Other Citations |
PLD 2019 SC 488,
2018 SCMR 577,
2017 SCMR 1189,
2017 SCMR 1546,
2011 SCMR 537,
2010 SCMR 1189,
2008 SCMR 1210,
2001 SCMR 424,
PLD 1981 SC 142
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
302(b),
324,
337-F(iii),
397,
173,
340(2),
342,
382B,
544A
|