| Case ID |
03ecb050-7028-406b-b09d-9484dddb3701 |
| Body |
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| Case Number |
Crl. A. No. 808 of 2018 |
| Decision Date |
Oct 29, 2018 |
| Hearing Date |
Oct 29, 2018 |
| Decision |
The appeal against acquittal was dismissed by the Lahore High Court, affirming the decision of the Additional Sessions Judge which acquitted the respondent of charges related to the murder of a 9/10-year-old boy. The court found that the trial court's conclusions were neither arbitrary nor fanciful, and the evidence presented did not sufficiently demonstrate the guilt of the accused. The court emphasized the importance of the presumption of innocence and the standards required to overturn an acquittal, noting that the appellate court must respect the trial court's assessment of evidence unless it is found to be wholly unreasonable. |
| Summary |
This case revolves around the acquittal of a respondent charged with the murder (Qatl-i-Amd) of a young boy, which involved serious allegations including sodomy. The Lahore High Court reviewed the trial court's decision, which was based on the assessment of eyewitness testimonies and medical evidence. The appeal was filed by the appellant who contended that the trial court failed to appreciate the evidence correctly. However, the High Court upheld the trial court's decision, stating that the acquittal was justified and that the evidence did not support the prosecution's claims. The court reiterated the legal standards for overturning an acquittal and underlined the critical nature of credible and substantial evidence in criminal proceedings. This case highlights the complexities of criminal law, the significance of judicial discretion, and the foundational principle of the presumption of innocence that protects individuals against wrongful conviction. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Sardar Ahmed Naeem,
Asjad Javaid Ghural,
Muhammad Sajid
|
| Lawyers |
Khawaja Qaisar Butt
|
| Petitioners |
Muhammad Sajid
|
| Respondents |
Another,
State
|
| Citations |
2019 SLD 2300,
2019 PLJ 86
|
| Other Citations |
PLD 1985 SC 11
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
417,
148,
149,
302,
337-J,
377
|