| Case ID |
096b1abc-ad76-417e-a43d-04e66abc7e04 |
| Body |
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| Case Number |
Crl. A. No. 59874-J & M.R. No. 351 of 2017 |
| Decision Date |
Dec 03, 2020 |
| Hearing Date |
Dec 03, 2020 |
| Decision |
The Lahore High Court allowed the appeal filed by Munir Ahmad, setting aside the conviction and sentence awarded by the learned Sessions Judge, Nankana Sahib. The court found that the prosecution failed to prove its case beyond a reasonable doubt, highlighting the lack of convincing evidence regarding the motive behind the alleged murder and the unreliability of the eyewitness accounts. The court emphasized the principle that the prosecution bears the burden of proof and must establish its case without relying on the weaknesses of the defense. The court concluded that the appellant was entitled to the benefit of doubt and therefore acquitted him of the charges. The murder reference sent for confirmation of death sentence was also answered in the negative. |
| Summary |
In the criminal appeal Crl. A. No. 59874-J & M.R. No. 351 of 2017, the Lahore High Court addressed the case of Munir Ahmad, who was convicted under Section 302(b) of the Pakistan Penal Code for the murder of Salma Bibi. The appeal was heard on December 3, 2020, by Justices Sadaqat Ali Khan and Shehram Sarwar Ch. The court scrutinized the evidence presented by the prosecution, particularly focusing on the credibility of eyewitness accounts and the lack of corroborating evidence regarding the alleged motive, which was a dispute over residential property. The court noted significant discrepancies in the timeline of events and the absence of independent witnesses to substantiate the prosecution's claims. Ultimately, the court ruled in favor of the appellant, emphasizing the legal principle that any doubt must benefit the accused. The decision reinforced the importance of reliable evidence in criminal proceedings and the necessity for the prosecution to meet its burden of proof. This case highlights key issues in criminal law, such as the evaluation of evidence, the role of eyewitness testimony, and the fundamental rights of the accused, making it a significant reference for similar cases in the future. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Sadaqat Ali Khan,
Shehram Sarwar Ch.
|
| Lawyers |
Mr. Babar Hussain Warriach,
Rai Akhtar Hussain
|
| Petitioners |
Others,
Munir Ahmad
|
| Respondents |
Another,
State
|
| Citations |
2021 SLD 2867,
2021 PLJ 290
|
| Other Citations |
2016 SCMR 1605,
2009 SCMR 230
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302(b)
|