| Case ID |
02fbe62d-75ef-4fa4-add4-dfe51f8b0608 |
| Body |
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| Case Number |
Criminal Petition of Special Leave to Appeal No. 2 |
| Decision Date |
Apr 03, 2014 |
| Hearing Date |
|
| Decision |
The Lahore High Court upheld the acquittal of the accused based on the findings of the Judicial Magistrate, stating that the prosecution failed to prove its case beyond a reasonable doubt. The court emphasized the presumption of innocence and the limited scope of interference in acquittal cases. The judgment highlighted the inconsistencies in the complainant's statements and the lack of independent corroboration for the evidence presented. The court concluded that the previous rivalry and matrimonial disputes between the parties introduced doubt into the complainant's claims, and thus the acquittal was justified. |
| Summary |
In the Lahore High Court case involving Mst. Naseem Kausar against Akash alias Aftab and others, the court addressed a petition for special leave to appeal against an acquittal order under the Penal Code regarding theft and house-trespass. The court examined the Judicial Magistrate's evaluation of evidence, noting the strong presumption of innocence in acquittal cases. The complainant's allegations stemmed from a matrimonial dispute, raising questions about the reliability of her testimony. The court concluded that the prosecution did not meet the burden of proof required to overturn the acquittal, leading to the dismissal of the petition. This case highlights key legal principles regarding the burden of proof, the importance of corroborative evidence, and the judicial discretion exercised in acquittal matters, making it a significant reference for future cases involving similar circumstances. |
| Court |
Lahore High Court
|
| Entities Involved |
Judicial Magistrate Section-30, Ferozewala District Sheikhupura
|
| Judges |
SHAH KHAWAR, J
|
| Lawyers |
Ijaz Ahmad Janjua
|
| Petitioners |
Mst. NASEEM KAUSAR
|
| Respondents |
,
AKASH alias AFTAB
|
| Citations |
2014 SLD 2244,
2014 PCRLJ 1602
|
| Other Citations |
PLD 2011 SC 554,
1969 SCMR 777
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
380,
457,
417(2)
|