| Case ID |
0afc2f4a-f5c7-472f-9bbc-939f2373f3a9 |
| Body |
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| Case Number |
Criminal Appeal No. 1664 of 2009 |
| Decision Date |
Sep 30, 2016 |
| Hearing Date |
Sep 30, 2016 |
| Decision |
The appeal was accepted, and the conviction and sentence awarded to the accused by the Trial Court were set aside. The court found that the prosecution failed to prove its case beyond a reasonable doubt, particularly due to the DNA report that did not implicate the accused. The statement of the victim was deemed unreliable without independent corroboration, especially given her marital status and the circumstances surrounding the case. The court emphasized the principle that any reasonable doubt must be resolved in favor of the accused. |
| Summary |
In the case of Tauqeer Abbas vs. The State, the Lahore High Court dealt with an appeal against a conviction for rape under Section 376 of the Pakistan Penal Code. The court meticulously examined the evidence presented, particularly the DNA report, which did not link the accused to the crime, creating reasonable doubt about the prosecution's claims. The court highlighted the importance of corroborative evidence in sexual assault cases, especially when the victim is a married woman, and noted the lack of independent witnesses to support her allegations. The final ruling underscored the legal principle that the benefit of doubt should be extended to the accused when the prosecution's case fails to meet the standard of beyond reasonable doubt. This case reinforces the significance of scientific evidence and the necessity for thorough and impartial investigations in criminal trials, particularly in sensitive matters such as sexual offenses. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Mazhar Iqbal Sidhu
|
| Lawyers |
Zaeem Raza Kazmi,
Ikram Ullah Khan Niazi
|
| Petitioners |
Tauqeer Abbas
|
| Respondents |
The State
|
| Citations |
2017 SLD 2670 = 2017 PCRLJ 848
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
376
|