| Case ID |
036ea802-2563-4321-8d83-bf3e66864278 |
| Body |
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| Case Number |
Criminal Appeal No. 191 and Murder Reference No. 6 |
| Decision Date |
Apr 05, 2010 |
| Hearing Date |
Apr 05, 2010 |
| Decision |
The Lahore High Court set aside the conviction and sentence of Asif Masih, who had been sentenced to death under section 302(b) of the Pakistan Penal Code and ten years of rigorous imprisonment under section 459. The court found that the prosecution had failed to prove its case beyond reasonable doubt due to lack of identification, delayed reporting to the police, absence of medical examination of the accused, and no corroborative evidence from the recovery of the alleged murder weapon. The court emphasized the importance of reliable evidence and the necessity for the prosecution to establish guilt beyond a reasonable doubt, leading to the acquittal of the accused. |
| Summary |
This case revolves around a criminal appeal and murder reference involving Asif Masih, who was convicted of murder and sentenced to death. The Lahore High Court scrutinized the prosecution's evidence and highlighted significant issues such as the lack of timely reporting, absence of an identification parade, and failure to medically examine the accused. The complainant, Imtiaz Begum, alleged that her husband was murdered during a scuffle with an intruder in their home. The court noted inconsistencies in the testimonies and the prosecution's failure to provide compelling evidence to support the charges. Ultimately, the court ruled in favor of the appellant, emphasizing the critical standard of proof required in criminal cases, which led to the reversal of the conviction and the release of Asif Masih. This case underscores the importance of due process and the presumption of innocence in the judicial system. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
KH. IMTIAZ AHMED, JUSTICE,
KHAWAJA MUHAMMAD SHARIF, C.J.
|
| Lawyers |
Mrs. Sarkar Abbas,
Sh. Muhammad Munir, D.P.G.
|
| Petitioners |
Mrs. Sarkar Abbas
|
| Respondents |
THE STATE
|
| Citations |
2010 SLD 1338,
2010 MLD 1815
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302(b),
459
|