| Case ID |
092d7ac8-0dcc-4a0c-bf4c-5311bf9b9559 |
| Body |
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| Case Number |
Criminal Appeal No. 213-B of 2018 |
| Decision Date |
Sep 29, 2020 |
| Hearing Date |
Sep 29, 2020 |
| Decision |
The appeal was allowed due to insufficient evidence, leading to the acquittal of the appellant, Lal Sherin. The court found that the prosecution failed to prove the case against the appellant beyond a reasonable doubt. Key factors included the absence of credible eye-witnesses, contradictions in testimonies, and the lack of direct evidence connecting the appellant to the crime. The court emphasized the principle that if there is any reasonable doubt in the prosecution's case, the benefit must be given to the accused. The conviction and sentence imposed by the trial court were set aside, and the appellant was ordered to be released from custody. |
| Summary |
The case revolves around the conviction of Lal Sherin under section 302(b) of the Penal Code for the alleged murder of Shahnaz Gul. The prosecution claimed that the motive was a dispute over a thoroughfare, but the evidence presented was heavily scrutinized. Witnesses failed to establish their presence during the incident, and medical reports revealed inconsistencies regarding the timing of events. The court highlighted the importance of credible evidence and the principle of benefit of doubt in criminal proceedings. Ultimately, the lack of compelling evidence led to the appellant's acquittal, underscoring the necessity for the prosecution to meet its burden of proof in murder cases. This decision emphasizes the judicial system's commitment to ensuring that no innocent person is wrongfully convicted, a crucial aspect of legal proceedings that maintains public confidence in the judicial system. Keywords: Criminal Law, Murder Acquittal, Evidence in Court, Peshawar High Court, Legal Principles. |
| Court |
Peshawar High Court, Bannu Bench
|
| Entities Involved |
Not available
|
| Judges |
MUSARRAT HILALI,
SAHIBZADA ASADULLAH
|
| Lawyers |
Muhammad Rashid Khan Dirma Khel,
Zafar Jamal,
Shahid Hameed Qureshi,
Salamat Shah Mahsood
|
| Petitioners |
LAL SHERIN
|
| Respondents |
The STATE and another
|
| Citations |
2022 SLD 3029,
2022 YLR 878
|
| Other Citations |
Pathan v. The State 2015 SCMR 315,
Hakim Ali v. The State 1971 SCMR 432,
Amin Ullah v. The State PLD 1976 SC 629,
Liaqat Hussain and others v. Falak Sher and others 2003 SCMR 611
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|