| Case ID |
054aed4e-d672-435e-925f-3ce36dd4cfe8 |
| Body |
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| Case Number |
Crl. Appeal No. 1803 of 2014 |
| Decision Date |
May 22, 2019 |
| Hearing Date |
May 22, 2019 |
| Decision |
The appeal was allowed based on the failure of the prosecution to prove its case beyond reasonable doubt. The court determined that critical evidence was not presented to the accused during the trial, leading to a significant lapse in the prosecution's case. The conviction and sentence of the appellant were set aside, and he was acquitted of the charges, highlighting the legal principle that any evidence not put to the accused cannot be used against him. The court emphasized the necessity for the prosecution to fulfill its burden of proof and the right of the accused to benefit from any doubts regarding guilt. |
| Summary |
In the case of Crl. Appeal No. 1803 of 2014 before the Lahore High Court, the appellant Muhammad Afzaal challenged his conviction under Section 376(1) of the Pakistan Penal Code for the alleged rape of a six-year-old girl, Isra. The appeal was heard by Justice Muhammad Waheed Khan, who noted significant flaws in the prosecution's case, particularly the failure to present key evidence during the trial. The court underscored the importance of adhering to legal protocols, emphasizing that any evidence not disclosed to the accused during their statement cannot be used for conviction. As a result, the court acquitted the appellant, demonstrating the legal principle that the prosecution must prove its case beyond a reasonable doubt. This case highlights the critical need for due process in criminal proceedings and reinforces the rights of the accused to a fair trial. Keywords such as 'criminal appeal', 'rape case law', 'due process', and 'fair trial rights' are pertinent in analyzing this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD WAHEED KHAN,
MUHAMMAD AFZAAL
|
| Lawyers |
Mian Muhammad Sikandar Hayat,
Mr. Muhammad Asif Hayat,
Mr. Muhammad Waseem Khan,
Makhdoom Muhammad Adnan Qureshi,
Ms. Tahira Parveen
|
| Petitioners |
Not available
|
| Respondents |
STATE
|
| Citations |
2019 SLD 2688,
2019 PLJ 1427
|
| Other Citations |
2018 SCMR 344,
2016 SCMR 267,
2010 SCMR 1009
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
161,
173,
340(2),
342,
382-B,
376,
376(1)
|