| Case ID |
0a0fcf60-fb95-4ebd-b956-5b441eb61709 |
| Body |
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| Case Number |
Crl. A. No. 323 of 2016 and M.R. No. 57 of 2016 |
| Decision Date |
Feb 26, 2019 |
| Hearing Date |
Feb 26, 2019 |
| Decision |
The Lahore High Court dismissed the criminal appeal of Muhammad Sohail alias Samma while maintaining his conviction under Section 302(b) of the Pakistan Penal Code for the murder of a child. The court found sufficient evidence including DNA analysis linking him to the crime, but noted extenuating circumstances regarding the motive. Consequently, the death sentence was converted to life imprisonment. The court acquitted Mumtaz Bibi, the mother of the main accused, due to lack of corroborative evidence against her. |
| Summary |
In the case of Crl. A. No. 323 of 2016, the Lahore High Court addressed a heinous murder involving a young child, Sana Ullah Rabbani, who was found dead under suspicious circumstances. The court evaluated evidence including last seen accounts, medical findings, and DNA reports linking the accused, Muhammad Sohail alias Samma, to the crime. The prosecution's case was anchored on circumstantial evidence, but the court acknowledged gaps in the motive. Ultimately, while confirming the conviction, the court mitigated the death sentence to life imprisonment, highlighting the evolving role of forensic evidence in criminal proceedings. This case underscores the importance of modern forensic methodologies in the judicial process, particularly in serious allegations such as murder, demonstrating how DNA profiling has become essential in establishing guilt and ensuring justice. Keywords: Lahore High Court, murder case, DNA evidence, child homicide, legal framework, Pakistan Penal Code. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Sayyed Mazahar Ali Akbar Naqvi,
Justice Muhammad Waheed Khan
|
| Lawyers |
Mr. Shahid Azeem,
Ch. Sarfraz Ahmad Khatana,
Rana Shahid Mehmood
|
| Petitioners |
Muhammad Sohail Alias Samma,
Mumtaz Bibi
|
| Respondents |
State
|
| Citations |
2019 SLD 2036,
2019 PLJ 599
|
| Other Citations |
134 F.R.D. 161,
2007 SCMR 1413,
2013 SCMR 203,
2017 AIR (SC) 2161,
2014(4) CCR174,
2001 5SCC 311
|
| Laws Involved |
Pakistan Penal Code, 1860,
Punjab Forensic Science Agency Act, 2007,
Evidence Act, (1 of 1872),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
34,
302,
302(b),
9(3),
45,
10,
164
|