| Case ID |
1a28c192-11d3-4121-b5d4-bdfce977c2be |
| Body |
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| Case Number |
Criminal Appeals Nos. 446-J of 2014 and 167-J of 2 |
| Decision Date |
Mar 30, 2015 |
| Hearing Date |
Mar 30, 2015 |
| Decision |
The Lahore High Court has ruled in favor of the appellants, Muhammad Munawar Hussain, Sajida Parveen, and Washfa Noreen, acquitting them of the charges of murder due to insufficient evidence. The court highlighted that the prosecution's case relied heavily on extra-judicial confessions which lacked independent corroboration and were not credible. The court emphasized the principle that any reasonable doubt about an accused's guilt must result in an acquittal, asserting that it is better for ten guilty persons to go free than to convict an innocent person. The previous convictions were overturned, and the death sentence was not confirmed. |
| Summary |
This case revolves around a murder reference and appeals involving the acquittal of three appellants charged with the murder of Arshad Mehmood. The prosecution's reliance on extra-judicial confessions was critically examined, revealing inconsistencies and lack of supporting evidence. The court underscored the importance of evaluating witness credibility based on the intrinsic value of their statements rather than their relationships to the parties involved. The judgment serves to reinforce the legal principle of the benefit of the doubt in criminal cases, ensuring that justice is served by protecting the innocent. The decision highlights significant aspects of criminal law, including the evidentiary standards required for convictions and the proper functioning of judicial processes. This case is significant in setting precedents regarding confessions and the assessment of witness reliability, thus contributing to the body of criminal jurisprudence. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SAMI KHAN,
MUHAMMAD TARIQ ABBASI
|
| Lawyers |
Ms. Sheeba Qaisar,
Maqbool Ahmad Qureshi,
Khurram Khan
|
| Petitioners |
SAJIDA PARVEEN,
MUHAMMAD MUNAWAR HUSSAIN,
WASHFA NOREEN
|
| Respondents |
THE STATE
|
| Citations |
2016 SLD 3838 = 2016 YLR 1909
|
| Other Citations |
Abid Ali and 2 others v. The State 2011 SCMR 208,
Sajid Mumtaz and others v. Basharat and others 2006 SCMR 231,
Tahir Javed v. The State 2009 SCMR 166,
Tariq Pervaiz v. The State 1995 SCMR 1345,
Ayub Masih v. The State PLD 2002 SC 1048
|
| Laws Involved |
Penal Code (XLV of 1860),
Qanun-e-Shahadat (10 of 1984),
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
109,
34,
3,
164
|