| Case ID |
0bdb479a-58a2-44ea-99de-dd5c28fe8807 |
| Body |
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| Case Number |
Crl. Appeal No. 76-J and Capital Sentence Referenc |
| Decision Date |
Jan 10, 2017 |
| Hearing Date |
Jan 10, 2017 |
| Decision |
The Lahore High Court allowed the appeal of Usman Rasheed, acquitting him from charges under section 295-C of the Pakistan Penal Code, 1860, which had resulted in a death sentence. The court found that the prosecution had failed to establish its case beyond a reasonable doubt, particularly due to inconsistencies and lack of credible evidence. The court noted that the entire case hinged on a letterhead pad allegedly stolen two years prior, and the prosecution's forensic evidence was deemed insufficient. The judgment dated 31-10-2013 by the Addl. Sessions Judge at Rawalpindi was set aside, and the capital sentence reference was answered in the negative. |
| Summary |
In the case of Usman Rasheed versus the State, the Lahore High Court addressed serious allegations under the Pakistan Penal Code regarding the defamation of the Holy Prophet (PBUH). The appellant, formerly employed at a local pharmacy, was accused of using a letterhead pad to inscribe derogatory remarks. The prosecution's case was built upon witness testimonies and forensic analysis, which ultimately proved to be flawed. The court highlighted the lack of credible evidence and inconsistencies among witness accounts, leading to the conclusion that Usman Rasheed was wrongfully convicted. This case emphasizes the critical need for substantial evidence in criminal prosecutions, particularly in cases that could result in the death penalty. The ruling not only underscores legal principles like the benefit of the doubt but also reflects the judiciary's role in safeguarding rights against wrongful convictions. This landmark decision serves as a significant precedent in the realm of criminal law in Pakistan, reinforcing the importance of justice and fair trials. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Qazi Muhammad Amin Ahmed,
Raja Shahid Mehmood Abbasi
|
| Lawyers |
Mr. Muhammad Ilyas Siddiqui,
Mr. Masood Ahmad Abbasi,
Mr. Qaisar Mushtaq
|
| Petitioners |
Usman Rasheed
|
| Respondents |
State
|
| Citations |
2017 SLD 1182,
2017 PLJ 341
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Code of Criminal Procedure, 1898
|
| Sections |
295(c),
295-A,
380,
382-B
|