| Case ID |
1021ba44-defa-497b-ac62-dcc5c0146eac |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 78000-J and Criminal Revision |
| Decision Date |
Feb 19, 2024 |
| Hearing Date |
Feb 19, 2024 |
| Decision |
The Lahore High Court accepted the criminal appeal against the conviction of Sana Ullah, allowing the appeal based on significant doubts raised regarding the prosecution's evidence. The court found that the prosecution failed to establish the exact time of death and the circumstances surrounding the incident. Key issues included discrepancies in witness accounts, the timing of the FIR, and the credibility of the medical evidence presented. The court emphasized the principle that the benefit of doubt must be given to the accused when substantial uncertainties exist in the prosecution's case. Consequently, Sana Ullah was acquitted of the charges under sections 302, 449, and 34 of the Penal Code. |
| Summary |
In the case of Sana Ullah, the Lahore High Court addressed the appeal against his conviction for murder under the Penal Code. The decision highlighted critical flaws in the prosecution's case, particularly regarding the time of death of the victim, Aqsa Bibi, and the inconsistencies in witness testimonies. The court noted that the medical evidence indicated a time gap between the injuries and death that contradicted the prosecution's timeline. Additionally, the court scrutinized the identification parade process, which was deemed flawed due to joint identification of multiple suspects. Legal representatives for both sides presented their arguments, but ultimately, the court found the prosecution's case insufficient to uphold the conviction. The ruling reinforced the legal principle that any reasonable doubt must benefit the accused, leading to the acquittal of Sana Ullah. The case serves as a significant reference for future criminal proceedings, emphasizing the necessity for robust evidence and the importance of procedural integrity in the justice system. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Aalia Neelum
|
| Lawyers |
Mehram Ali Bali,
Muhammad Akhlaq, DPG for the State,
Asghar Ali Gill
|
| Petitioners |
Sana Ullah
|
| Respondents |
The STATE
|
| Citations |
2024 SLD 4882 = 2024 PCRLJ 1623
|
| Other Citations |
Mursal Kazmi alias Qamar Shah and another v. The State 2009 SCMR 1410,
Muhammad Akram v. The State 2009 SCMR 230
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
449,
34
|