| Case ID |
1626824d-ae26-4188-97e6-a9ca993fa5d9 |
| Body |
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| Case Number |
Criminal Appeal No. 1098 and Murder Reference No. |
| Decision Date |
Sep 16, 2020 |
| Hearing Date |
Sep 16, 2020 |
| Decision |
The Lahore High Court allowed the appeal against the conviction of Qamar Sultan, who was accused of committing murder under section 302(b) of the Penal Code. The court found significant flaws in the prosecution's case, including the unreliability of witness testimonies, lack of physical evidence, and procedural defects in the investigation. The prosecution failed to establish the motive, and the evidence presented was deemed inconclusive. The court emphasized the principle of benefit of doubt, asserting that the absence of credible evidence warranted the acquittal of the accused. |
| Summary |
In the case of Qamar Sultan vs. The State, the Lahore High Court evaluated the conviction of Qamar Sultan for murder under section 302(b) of the Penal Code. The court found that the prosecution's case was riddled with inconsistencies, primarily due to the testimonies of witnesses who were not present at the scene of the crime. The court highlighted that the prosecution could not produce any credible motive for the murder, nor did it provide reliable evidence to substantiate its claims. The court's ruling underscored the importance of the principle of 'benefit of doubt' in criminal proceedings, leading to the conclusion that the accused was not guilty of the charges against him. This case serves as a significant reference for future legal proceedings involving similar issues of witness credibility and evidentiary standards in criminal law. Keywords: Qatl-i-amd, Penal Code, Lahore High Court, benefit of doubt, witness credibility, criminal law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SADAQAT ALI KHAN,
SADIQ MAHMUD KHURRAM
|
| Lawyers |
Malik Shoukat Hayat,
Sajjad Hussain Bhatti
|
| Petitioners |
QAMAR SULTAN
|
| Respondents |
THE STATE
|
| Citations |
2021 SLD 1719,
2021 YLR 1870
|
| Other Citations |
Muhammad Rafiq v. State 2014 SCMR 1698,
Usman alias Kaloo v. State 2017 SCMR 622,
Nasrullah alias Nasro v. The State 2017 SCMR 724,
Muhammad Rafique alias Feeqa v. The State 2019 SCMR 1068,
Tariq Mehmood v. The State and others 2019 SCMR 1170,
Rohtas Khan v. The State 2010 SCMR 566,
Muhammad Farooq and another v. The Stale 2006 SCMR 1707,
Mst. Rukhsana Begum and others v. Sajjad and others 2017 SCMR 596
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|