Legal Case Summary

Case Details
Case ID 0a667f84-c488-4e21-8157-eb3cf09fc86b
Body View case body.
Case Number Criminal Appeals No. 1672, 1674 and Capital Senten
Decision Date Oct 28, 2013
Hearing Date Oct 28, 2013
Decision The Lahore High Court acquitted Imran Haider, Touqeer Ahmad, and Ghazanfar Hussain alias Ghani of all charges. The court found that the prosecution failed to prove the case beyond a reasonable doubt due to a lack of credible evidence connecting the accused to the crime. Key issues included the unidentifiability of the deceased's body, delayed witness testimonies, and insufficient corroborative evidence. The court emphasized that circumstantial evidence must form a credible interlinking chain to support a conviction, which was absent in this case. As a result, the convictions and sentences imposed by the trial court were set aside, and the death sentence was not confirmed.
Summary In the case of Imran Haider and others vs. The State, heard by the Lahore High Court, the appellants were accused of serious crimes including murder and kidnapping under the Penal Code and the Anti-Terrorism Act. The prosecution's case was primarily built on circumstantial evidence, which the court found to be insufficient for a conviction. Key aspects of the case included the recovery of an unidentifiable body, a significant delay in witness testimonies, and the absence of a credible recovery memo for key evidence. The court highlighted the importance of corroborative evidence in establishing a conviction, particularly in capital cases. After a thorough review, the court acquitted the appellants, emphasizing the principle of 'benefit of doubt' in criminal law. This case underscores the critical need for reliable and immediate evidence in serious criminal proceedings, a factor that can heavily influence the outcome of trials involving severe charges such as murder and terrorism.
Court Lahore High Court
Entities Involved Not available
Judges SAYYED MAZAHAR ALI AKBAR NAQVI, MISS AALIA NEELUM
Lawyers Mian Irfan Akram, Nasir Mehboob Tiwana, Tairq Javed, Syed Amjad Ali Kazmi, Ch. Naseer Ahmed Cheema, Asif Imran Ahmed Awan
Petitioners Imran Haider, Touqeer Ahmad, Ghazanfar Hussain alias Ghani
Respondents The STATE
Citations 2014 SLD 2512, 2014 YLR 980
Other Citations Sarfraz Khan v. The State and 2 others 1996 SCMR 188, Shafi Ullah and another v. Muhammad Saeed and 3 others PLD 2005 Pesh. 46, Muhammad Pervez and others v. The State and others 2007 SCMR 670, Raja Mushtaque alias Raja Younish v. The State 2007 PCr.LJ 276, Shabiul Hassan v. The State PLD 1991 SC 898, King Emperor v. Kasim Walad Mohamed Saffer AIR 1925 Sind 188, Karamat Hussain v. The State 1972 SCMR 15
Laws Involved Penal Code (XLV of 1860), Anti-Terrorism Act (XXVII of 1997)
Sections 302(b), 34, 365-A, 201, 7(a)