| Case ID |
089b3b9f-8c33-4abf-a399-6cbe27943f38 |
| Body |
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| Case Number |
Criminal Appeal No. 1229 of 2017 |
| Decision Date |
Feb 07, 2022 |
| Hearing Date |
Feb 07, 2022 |
| Decision |
The court concluded that the prosecution failed to prove its case beyond a reasonable doubt against the accused, Abdul Jabbar, who was charged with the murder of his former partner and her daughter. The appeal was allowed, and the conviction was set aside. The court emphasized the importance of credible eyewitness testimony, noting that the so-called eyewitnesses were deemed 'chance witnesses', lacking justification for their presence at the crime scene. Their accounts were inconsistent and contradicted by the FIR. There were significant delays in the postmortem examination, which cast further doubt on the prosecution's case. The absence of the best available evidence, specifically a key witness who was not examined, also contributed to the decision. Ultimately, the court found the evidence insufficient to uphold the conviction, leading to the acquittal of the appellant. |
| Summary |
This case revolves around the appeal of Abdul Jabbar against his conviction for the murders of Bashiran Bibi and her daughter, Shahida Bibi, under Section 302(b) of the Penal Code. The Lahore High Court scrutinized the evidence presented by the prosecution, particularly focusing on the credibility of eyewitnesses, the timing of the FIR, and procedural lapses, including delays in the postmortem. The court identified the eyewitnesses as chance witnesses, which significantly undermined their reliability. The judgment highlighted the necessity for the prosecution to establish its case beyond reasonable doubt, which was not achieved in this instance. The ruling emphasizes the legal principle that absconding from the law cannot be solely interpreted as evidence of guilt when other evidence presented is dubious. The court's decision to acquit the accused underscores the judicial commitment to upholding the rights of the accused while ensuring justice is served. Keywords: murder case, appeal, eyewitness credibility, legal principles, acquittal, Lahore High Court, prosecution failure, judicial scrutiny. |
| Court |
Lahore High Court, Multan Bench
|
| Entities Involved |
Not available
|
| Judges |
Sohail Nasir
|
| Lawyers |
Prince Rehan Iftikhar Sheikh,
Muhammad Laeeq ur Rehman
|
| Petitioners |
ABDUL JABBAR
|
| Respondents |
The STATE
|
| Citations |
2024 SLD 2555,
2024 YLR 397
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|