| Case ID |
0bdd4bfb-83ee-4ecf-ab5f-0ea23c56ae98 |
| Body |
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| Case Number |
Crl. A. No. 10549 of 2021 |
| Decision Date |
Apr 18, 2024 |
| Hearing Date |
Apr 18, 2024 |
| Decision |
The Lahore High Court allowed the appeal filed by Rao Humayun Waqas against his conviction under Section 302(b) of the Pakistan Penal Code for the murder of Mustafa Ahmad. The court held that the prosecution failed to establish the guilt of the accused beyond a reasonable doubt, emphasizing that mere abscondence does not equate to guilt. The court found that the evidence presented was insufficient to support the conviction, leading to the acquittal of the appellant. Consequently, the judgment of conviction and sentence was set aside, and the appellant was ordered to be released immediately if not required in any other case. |
| Summary |
In the case of Rao Humayun Waqas, the Lahore High Court reviewed the conviction under Section 302(b) of the Pakistan Penal Code, concerning the murder of Mustafa Ahmad. The case highlighted the importance of substantive evidence over mere abscondence, as the prosecution could not prove the guilt of the accused beyond a reasonable doubt. The court underscored that abscondence alone is not conclusive proof of guilt and requires corroborating evidence. The court's decision to acquit the appellant was based on the lack of credible evidence, as the testimonies presented were found to be unreliable and insufficient to substantiate the charges. This case serves as a critical reminder of the legal principle that every accused is entitled to the benefit of the doubt, reinforcing the need for due process in criminal proceedings. Keywords: Lahore High Court, Rao Humayun Waqas, acquittal, Pakistan Penal Code, Section 302(b), abscondence, legal principles, substantive evidence. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Amjad Rafiq, J.
|
| Lawyers |
Sardar Khurram Latif Khan Khosa, Advocate for Appellant,
Mr. Ali Hassan, APG for State
|
| Petitioners |
Rao Humayun Waqas
|
| Respondents |
STATE
|
| Citations |
2024 SLD 3810,
2024 PLJ 989
|
| Other Citations |
PLD 2008 SC 298,
1999 AC 564,
2021 SCMR 736
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302(b)
|