| Case ID |
0e7096bd-cbc3-4462-9a3e-4a887579f88e |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 40 of 2013 |
| Decision Date |
Mar 13, 2019 |
| Hearing Date |
Mar 13, 2019 |
| Decision |
The appeal was allowed, and the conviction and sentence inflicted upon the accused were set aside. The court held that the prosecution had failed to prove its case beyond a reasonable doubt. The evidence presented did not substantiate the claims made against the accused, particularly regarding the presence of eyewitnesses at the time of the incident. The judges emphasized the principle that the prosecution must stand on its own legs and prove its case, asserting that an accused cannot be convicted merely based on their plea recorded under Section 342 of the Criminal Procedure Code. The court concluded that the factual discrepancies and lack of credible evidence necessitated the acquittal of the accused. |
| Summary |
In the case of Muhammad Nadeem vs. The State, the Lahore High Court examined the conviction of Muhammad Nadeem for the murder of two individuals. The prosecution's case hinged on the testimony of eyewitnesses who claimed to have witnessed the incident. However, the court found significant inconsistencies in their accounts, leading to doubts about their credibility. The court highlighted the importance of credible eyewitness testimony in establishing the facts of a case. Furthermore, the court noted that the prosecution had failed to demonstrate a clear motive for the crime, and the evidence regarding the circumstances of the incident was insufficient to uphold the conviction. The court ultimately ruled in favor of the appellant, emphasizing the need for the prosecution to prove its case beyond a reasonable doubt, which it failed to do in this instance. Key issues included the reliability of eyewitness testimony, the burden of proof on the prosecution, and the legal standards for conviction under the Pakistan Penal Code. This case underscores the vital role of evidence in criminal proceedings and the fundamental principle of justice that an accused is presumed innocent until proven guilty. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ PANNUN,
MUHAMMAD NADEEM
|
| Lawyers |
Not available
|
| Petitioners |
Iftikhar Ibrahim Qureshi
|
| Respondents |
D.P.G.,
Mirza Abid Majeed
|
| Citations |
2019 SLD 3066,
2019 YLR 2670
|
| Other Citations |
Abdul Samad and another v. The State and another 2018 YLR 922,
Azhar Iqbal v. The State 2013 SCMR 383
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
302(c),
173,
265C,
340(2),
342,
382B
|