| Case ID |
0495e747-fd8b-486a-9826-9b94ff0108ae |
| Body |
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| Case Number |
Crl. A. No. 642 Crl. Rev. No. 380 of 2017 |
| Decision Date |
Nov 16, 2021 |
| Hearing Date |
Nov 16, 2021 |
| Decision |
The court allowed the criminal appeal and acquitted the accused, Muhammad Shahzad, due to insufficient evidence to establish the charges against him. The prosecution failed to prove the unlawful killing charge and the appellant's longstanding absconsion was not substantiated. The court emphasized the necessity of proper procedure in presenting evidence, particularly in criminal trials, where the rights of the accused must be protected. The judgment highlighted that the prosecution's reliance on previous statements and the method of presenting evidence was not in compliance with legal standards, leading to the conclusion that the appellant should be released. |
| Summary |
In the case of Muhammad Shahzad vs. State, the Lahore High Court addressed significant issues regarding evidence admissibility under the Qanun-e-Shahadat Order, 1984, and the Criminal Procedure Code, 1898. The appellant, Muhammad Shahzad, was accused of the unlawful killing of Farman Ullah dating back to 1998. The trial court's reliance on transposed statements and lack of primary evidence led to the appellate court's decision to acquit the appellant. The court underscored the importance of adhering to proper legal procedures in criminal trials to ensure fair trials and protect the rights of the accused. Key legal principles regarding hearsay evidence and the necessity of providing the defense with notice of intended evidence were discussed. The case emphasizes trends in legal practices concerning evidence handling, which is crucial for legal professionals and advocates in similar cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AMJAD RAFIQ, J.
|
| Lawyers |
M/s. Shahid Azeem,
Mudassar Naveed Chatha,
Rai Munir Zafar Sangra
|
| Petitioners |
MUHAMMAD SHAHZAD
|
| Respondents |
STATE
|
| Citations |
2022 SLD 1986,
2022 PLJ 774
|
| Other Citations |
1976 PCr.LJ 1040,
1983 PCr.LJ 1513,
2019 YLR 2831
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Criminal Procedure Code (V of 1898)
|
| Sections |
46,
47,
71,
94,
342,
512
|