| Case ID |
0bae32b8-798f-41fd-ac6c-61068a35d766 |
| Body |
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| Case Number |
Criminal Appeal No. 595 of 1991 |
| Decision Date |
Feb 20, 1995 |
| Hearing Date |
Feb 20, 1995 |
| Decision |
The Lahore High Court acquitted Javed Iqbal alias Akhtar Shah on the grounds of benefit of doubt, emphasizing that the evidence against him was circumstantial and insufficient to establish guilt beyond a reasonable doubt. The court noted the absence of eye-witnesses and that the incriminating evidence was not directly linked to the accused, leading to the conclusion that suspicion alone cannot substitute for proof in a criminal case. The court's ruling reinforced the principle that all evidence must meet the threshold of reasonable doubt before a conviction can be secured. |
| Summary |
In the case of Criminal Appeal No. 595 of 1991, the Lahore High Court examined the conviction of Javed Iqbal alias Akhtar Shah, who had been sentenced to death for the murder of Mst. Hanifan Bibi. The appeal focused on the adequacy of evidence, specifically the reliance on circumstantial evidence without direct witness testimony. The court highlighted that the prosecution's case relied heavily on suspicion and that the evidence presented did not sufficiently connect the appellant to the crime scene. The key legal principles discussed included the standards for evidence under the Penal Code and the Criminal Procedure Code, particularly section 342, which governs the examination of the accused. The court ultimately ruled in favor of the appellant, emphasizing the importance of proving guilt beyond a reasonable doubt and the legal maxim that suspicion, however strong, cannot replace proof. This case serves as a significant reference point in criminal jurisprudence regarding the evidentiary standards required for a conviction. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Khalid Paid Khawaja,
Miss Tallal Yagub, JJ
|
| Lawyers |
Ch. Muhammad Amin Javed for Appellant,
Muhammad Tahir Ch. for the State,
Syed Samar Hussain Shah for the Complainant
|
| Petitioners |
Javed Iqbal alias Akhtar Shah
|
| Respondents |
The State
|
| Citations |
1995 SLD 976,
1995 PLD 498
|
| Other Citations |
Abdul Wahab v. The Crown PLD 1955 FC 88,
Shadoo alias Shahzado v. The State 1989 PCr.LJ 1093,
Atta Muhammad and 2 others v. The State 1994 PCr.LJ 181,
Jehandad v. The State PLD 1994 Pesh. 279
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
460,
342
|