| Case ID |
0f54652f-ec6d-4187-b992-f79425ef094e |
| Body |
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| Case Number |
Criminal Appeal No. 76-J of 2006 and Criminal Revi |
| Decision Date |
Jun 04, 2015 |
| Hearing Date |
Jun 04, 2015 |
| Decision |
The Lahore High Court set aside the conviction of Muhammad Ramzan under section 308, P.P.C. The court found that the trial court erred in its application of the law, as there was insufficient proof of qatl-i-amd liable to qisas. Consequently, the case was remanded back to the trial court for a new judgment to be written after hearing both parties, with the appellant remaining on bail until the new proceedings are concluded. |
| Summary |
In the case of Muhammad Ramzan v. The State, the Lahore High Court addressed significant legal issues surrounding the interpretation of the Penal Code, particularly sections relating to qatl-i-amd and the application of Tazir. The court emphasized that a conviction under section 308, P.P.C. requires clear evidence of qatl-i-amd that is liable to qisas. In this instance, the court noted that such proof was lacking, leading to the conclusion that the conviction was unsustainable. The ruling highlighted procedural fairness, allowing the appellant to remain on bail while the trial court reevaluates the case. This decision is crucial for legal practitioners in understanding the nuances of criminal law in Pakistan, particularly regarding the standards of evidence required for serious charges. Keywords include 'Lahore High Court', 'Penal Code', 'qatl-i-amd', 'Tazir', 'criminal law', and 'justice system'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MISS AALIA NEELUM,
SYED SHAHBAZ ALI RIZVI
|
| Lawyers |
Ch. Muhammad Ashraf Goraya,
Humayun Aslam
|
| Petitioners |
MUHAMMAD RAMZAN
|
| Respondents |
THE STATE
|
| Citations |
2016 SLD 2649 = 2016 PCRLJ 142
|
| Other Citations |
Zahid Rehman v. The State PLD 2015 SC 77
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
304,
306,
307,
308
|