| Case ID |
03cd5541-9106-4873-b36b-7b36ff7d1400 |
| Body |
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| Case Number |
Criminal Appeal No. 584 and Murder Reference No. 1 |
| Decision Date |
Dec 12, 2018 |
| Hearing Date |
Dec 12, 2018 |
| Decision |
The Lahore High Court allowed the appeal filed by Muhammad Mushtaq, acquitting him of the charges of murder under section 302(b) of the Pakistan Penal Code. The court found that the prosecution failed to prove its case beyond a reasonable doubt. Key points included the lack of credible eyewitnesses, the absence of a proven motive, and significant gaps in the investigation, including the handling of forensic evidence. The court emphasized that the prosecution's evidence was insufficient to establish the guilt of the accused, leading to the conclusion that he should be released. This decision underscores the importance of a rigorous standard of proof in criminal cases, particularly in murder trials. |
| Summary |
In the case of Muhammad Mushtaq vs. The State, the Lahore High Court addressed significant issues surrounding the prosecution's failure to establish a credible case against the accused. The court scrutinized the evidence presented, particularly focusing on the reliability of eyewitness accounts and the handling of forensic evidence. The incident in question involved the murder of Muhammad Riaz, allegedly committed by Mushtaq due to suspicions regarding his wife's divorce proceedings. However, the court found that the prosecution's witnesses were not credible, as they were not present at the scene and had motives to fabricate their testimonies. The timeline of the events, including the delayed post-mortem examination and the lack of physical evidence linking the accused to the crime, further undermined the prosecution's case. Ultimately, the court highlighted the necessity for concrete evidence in murder trials, ruling in favor of the accused and setting a precedent for future cases. The ruling reinforces the legal principle that the burden of proof lies with the prosecution, necessitating clear and convincing evidence for a conviction. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHEHRAM SARWAR CH.,
JUSTICE FAROOQ HAIDER,
JUSTICE MUHAMMAD MUSHTAQ
|
| Lawyers |
Asif Javed Qureshi,
Tariq Javed,
D.P.P.
|
| Petitioners |
Muhammad Mushtaq
|
| Respondents |
THE STATE,
Muhammad Iqbal
|
| Citations |
2019 SLD 1374,
2019 MLD 1002
|
| Other Citations |
Irshad Ahmad v. The State 2011 SCMR 1190,
Muhammad Rafique v. The State 2014 SCMR 1698,
Mst. Sughra Begum and another v. Qaiser Pervez and others 2015 SCMR 1142,
Arshad Khan v. The State 2017 SCMR 564,
Shahbaz v. The State 2016 SCMR 1763,
Imtiaz alias Taj v. The State and others 2018 SCMR 344,
Haroon Shafique v. The State and others 2018 SCMR 2118,
Tariq v. The State 2017 SCMR 1672
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
34,
302,
302(b),
340(2),
342,
374,
544A
|