| Case ID |
03f6a6d6-d9e9-4c87-bbcd-2bbf02bf022e |
| Body |
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| Case Number |
Cr. A. No. 535 and Murder Reference No. 103 of 201 |
| Decision Date |
Nov 12, 2015 |
| Hearing Date |
Nov 12, 2015 |
| Decision |
The Lahore High Court acquitted Aqeel alias Mundri of the charge of murder due to the prosecution's failure to prove the case beyond a reasonable doubt. The court highlighted several inconsistencies in the prosecution's evidence, including the unexplained delay in reporting the incident, unreliable eyewitness accounts, and lack of corroborative evidence. The medical evidence did not align with the testimonies provided by the witnesses. The prosecution was unable to establish a clear motive for the crime. Given these circumstances, the court set aside the conviction and sentence imposed by the trial court, thereby granting the appellant the benefit of doubt and ordering his release. |
| Summary |
The case revolves around the acquittal of Aqeel alias Mundri by the Lahore High Court in a murder charge stemming from an incident on August 20, 2008, where the complainant's brother, Ghulam Abbas, was shot. Key issues included the credibility of eyewitnesses, the prosecution's failure to provide substantial evidence, and significant delays in reporting the crime. The court underscored that the burden of proof lies with the prosecution, which must establish guilt beyond a reasonable doubt. The judgment reinforces the principle of the benefit of doubt in criminal law, emphasizing the importance of reliable evidence in securing a conviction. Keywords: Lahore High Court, murder acquittal, prosecution failure, eyewitness credibility, benefit of doubt, criminal law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED SHAHBAZ ALI RIZVI,
RAJA SHAHID MEHMOOD ABBASI
|
| Lawyers |
Muhammad Fakhar Hayat Awan,
Muhammad Waqas Anwar,
Karamat,
Ch. Salim ul Haq
|
| Petitioners |
AQEEL ALIAS MUNDRI
|
| Respondents |
THE STATE
|
| Citations |
2017 SLD 2108 = 2017 YLR 375
|
| Other Citations |
Muhammad Riaz v. The State 2009 PCr.LJ 1022,
Irshad Ahmed v. The State 2011 SCMR 1190,
Khalid alias Khalidi and 2 others v. The State 2012 SCMR 327,
Mehmood Ahmad and 2 others v. State 1995 SCMR 127,
Lal Khan v. The State 2006 SCMR 1846,
Muhammad Rafique and others v. The State and others 2010 SCMR 385,
Barkat Ali v. Muhammad Asif and others 2007 SCMR 1812,
Rasool Muhammad v. Asal Muhammad and another 1995 SCMR 1373,
Ayub Masih v. The State PLD 2002 SC 1048
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|