| Case ID |
0a4a9d82-e303-4c14-ba64-49d0765218eb |
| Body |
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| Case Number |
Criminal Appeal No.80 of 2006 |
| Decision Date |
Jun 10, 2008 |
| Hearing Date |
Jun 10, 2008 |
| Decision |
The Lahore High Court acquitted the appellants, Muhammad Ashraf alias Kali and Iftikhar Ahmad alias Khair, of the charges against them under section 7(a) of the Anti-Terrorism Act, 1997, and section 302 of the Penal Code. The court found that the prosecution had failed to provide direct evidence linking the appellants to the crime. The evidence presented, including an extra-judicial confession, was deemed unreliable as it was not corroborated by any witness. The occurrence took place at night, and the appellants were not named in the First Information Report (FIR). The court concluded that the prosecution had not established its case beyond a reasonable doubt, leading to the acquittal of the accused. |
| Summary |
The case revolves around the acquittal of Muhammad Ashraf alias Kali and Iftikhar Ahmad alias Khair by the Lahore High Court in a criminal appeal. The case was initially tried in the Anti-Terrorism Court where both were convicted under the Anti Terrorism Act, 1997 and the Penal Code for the murder of a police constable, Muhammad Tufail. The prosecution's evidence was primarily based on an extra-judicial confession and witness testimonies. However, the court found significant gaps in the evidence, including the lack of direct identification of the accused during the incident, which occurred at 3:30 a.m. in a dark environment. The court emphasized that the FIR did not name the appellants, and the evidence regarding weapon recoveries was not scientifically verified. This ruling underscores the critical importance of reliable evidence in criminal proceedings, particularly in capital cases, and highlights the principles of reasonable doubt in the judicial system. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Mian Muhammad Najam-uz-Zaman,
Khurshid Anwar Bhinder
|
| Lawyers |
Rana Muhammad Arif,
Adeel Adil, D.P.-G.
|
| Petitioners |
MUHAMMAD ASHRAF alias KALI,
Iftikhar Ahmad alias Khair
|
| Respondents |
THE STATE
|
| Citations |
2009 SLD 3254 = 2009 PCRLJ 1351
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Anti Terrorism Act, 1997
|
| Sections |
302,
7(a)
|