| Case ID |
15f50d59-ee5f-4a01-b22b-257caa14df3b |
| Body |
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| Case Number |
Crl. A. No. 526-J & 527-J & M.R. No. 33 of 2021 |
| Decision Date |
Nov 22, 2023 |
| Hearing Date |
Nov 22, 2023 |
| Decision |
The Lahore High Court acquitted the appellants, Kashif Nouman alias Kashi and Mst. Nuzhat Rasheed, from the charges of Qatl-i-Amd (murder) under Sections 302 and 34 of the Pakistan Penal Code. The court found that the prosecution's case relied heavily on circumstantial evidence and alleged extra-judicial confessions, which were deemed unreliable and lacking corroboration. The court emphasized the importance of a complete chain of evidence connecting the accused to the crime, which was found to be absent. The prosecution's failure to produce key witnesses, including the children of the deceased who were present at the scene, further weakened the case against the appellants. The court ruled that the evidence presented was insufficient to sustain a conviction, leading to the acquittal of both accused. |
| Summary |
In this significant case adjudicated by the Lahore High Court, the appellants, Kashif Nouman alias Kashi and Mst. Nuzhat Rasheed, were accused of committing murder under the Pakistan Penal Code. The court's decision hinged on the assessment of circumstantial evidence, which is often challenging to prove beyond a reasonable doubt. The prosecution's case was primarily based on alleged extra-judicial confessions and circumstantial evidence, which the court found to be contradictory and unreliable. Notably, the court highlighted the absence of ocular evidence and the failure of the prosecution to include the children of the deceased as witnesses. The court reiterated the legal principle that in cases of circumstantial evidence, every link in the chain must be established to avoid any reasonable doubt regarding the accused's guilt. The ruling underscores the critical importance of reliable evidence in criminal proceedings, particularly in capital cases where the stakes are high. This case serves as a precedent in emphasizing the necessity for rigorous standards of proof in the justice system, particularly in cases involving serious allegations such as murder. |
| Court |
Lahore High Court, Multan Bench
|
| Entities Involved |
Not available
|
| Judges |
Sadiq Mahmud Khurram,
Muhammad Tariq Nadeem
|
| Lawyers |
Hafiz Sohaib Altaf,
Khawaja Qaiser Butt,
Malik Riaz Ahmad Saghla,
Rana Asif Saeed
|
| Petitioners |
KASHIF NOUMAN alias KASHI
|
| Respondents |
STATE
|
| Citations |
2024 SLD 3783,
2024 PLJ 638
|
| Other Citations |
2015 SCMR 155,
PLD 2021 SC 600,
2006 SCMR 463,
1993 SCMR 1378,
2017 SCMR 898,
2023 SCMR 190
|
| Laws Involved |
Pakistan Penal Code, 1860,
Qanun-e-Shahadat Order, 1984
|
| Sections |
302,
34,
38,
39,
40,
121,
129(g)
|