| Case ID |
05ef5994-dd8b-4c7b-93f8-562f29cbcb0e |
| Body |
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| Case Number |
Criminal Appeal No. 112-J and Murder Reference No. |
| Decision Date |
Sep 29, 2015 |
| Hearing Date |
Sep 29, 2015 |
| Decision |
The Lahore High Court accepted the appeal against the conviction of Muhammad Asif, acquitting him of the charges under sections 302(b) and 460 of the Penal Code. The court found that the prosecution had failed to establish the case beyond a reasonable doubt due to lack of credible evidence, including the absence of a test identification parade and contradictions in witness statements. The judgment highlighted the importance of the benefit of the doubt in criminal cases, stating that it is better for ten guilty persons to be acquitted than for one innocent person to be convicted. |
| Summary |
The case revolves around the appeal of Muhammad Asif against his conviction for murder under the Penal Code. The Lahore High Court examined the evidence presented during the trial, finding significant inconsistencies and a lack of reliable identification of the accused. Key issues included the absence of a source of light during the incident, the complainant's failure to identify the accused in the initial FIR, and the lack of physical evidence linking Asif to the crime scene. The court emphasized the principle of 'benefit of doubt' in criminal law, ultimately leading to Asif's acquittal. This case underscores the critical standards of evidence in criminal proceedings and the judicial commitment to ensuring that justice is served without wrongful convictions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD TARIQ,
JUSTICE SARDAR AHMAD NAEEM,
JUSTICE MUHAMMAD ASIF
|
| Lawyers |
Aiyan Tariq Bhutta,
Saqib Jillani,
Mehmood Ahmad Chadhar,
Malik Muhammad Jaffer
|
| Petitioners |
Muhammad Asif
|
| Respondents |
The State and Others
|
| Citations |
2020 SLD 1191 = 2020 MLD 1132
|
| Other Citations |
Tariq Pervaiz v. The State 1995 SCMR 1345,
Ayub Masih v. The State PLD 2002 SC 1048
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
460
|