| Case ID |
0abbd56b-b46e-4da4-9c27-ea3718434adf |
| Body |
View case body. Login to View |
| Case Number |
Crl. A. No. 1352 of 2014 and Crl. Rev. No. 697 of |
| Decision Date |
Jan 15, 2018 |
| Hearing Date |
Jan 15, 2018 |
| Decision |
The Court found that the prosecution witnesses were closely related to the deceased, thus their testimonies required careful evaluation. The delay in post-mortem examination raised legitimate doubts about the registration of the FIR. The evidence presented by the prosecution was deemed unreliable due to material improvements in witness testimonies. The appeal was allowed, leading to the acquittal of the accused due to insufficient evidence linking him to the crime. |
| Summary |
This case revolves around the appeal of Muhammad Javed against his conviction under Section 302 of the Pakistan Penal Code for murder. The Lahore High Court, presided over by Justice Muhammad Qasim Khan, found significant issues with the prosecution's evidence, particularly regarding the credibility of witness testimonies. The witnesses were family members of the deceased, which made their accounts suspect. Furthermore, delays in conducting the post-mortem examination led to doubts about the authenticity of the FIR. The court emphasized the importance of corroborating evidence and the principle of benefit of doubt in criminal law. Ultimately, the absence of compelling evidence resulted in the acquittal of the accused, highlighting the challenges faced by the prosecution in establishing a clear case against him. This case underscores the critical role of witness reliability and procedural integrity in the judicial process. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD QASIM KHAN, JUSTICE,
MUHAMMAD JAVED
|
| Lawyers |
Rana Muhammad Azam Khan, Advocate,
Hafiz Ghulam Shabir, Advocate
|
| Petitioners |
Rana Muhammad Azam Khan
|
| Respondents |
STATE, ETC.
|
| Citations |
2019 SLD 969,
2019 PLJ 290
|
| Other Citations |
2006 PCr.LJ 1726,
2006 YLR 2116,
2008 YLR 375,
1985 SCMR 685,
2008 SCMR 6,
2003 SCMR 149
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
302(b),
173,
342,
340(2),
382B,
103,
544A
|