| Case ID |
1ad2be33-8d10-44c0-ac4c-e1163cbd92f3 |
| Body |
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| Case Number |
Criminal Appeal No. 282 Criminal Revision No. 269 |
| Decision Date |
May 26, 2010 |
| Hearing Date |
May 26, 2010 |
| Decision |
The Lahore High Court acquitted Riffat Hussain and Ijaz Hussain from the charges of murder due to significant gaps in the prosecution's case. The court noted that there was an unexplained delay in the registration of the FIR and the post-mortem examination, suggesting consultation and deliberation prior to filing the complaint. Key witnesses changed their statements, and no independent witnesses were presented to support the prosecution's claims. The absence of reliable evidence led to the conclusion that the prosecution failed to prove its case beyond a reasonable doubt. |
| Summary |
This case revolves around the acquittal of Riffat Hussain and Ijaz Hussain in a murder trial. The Lahore High Court's decision emphasized the lack of credible evidence due to significant delays in filing the FIR and conducting a post-mortem examination. Witness testimonies were inconsistent, with key witnesses altering their statements during the trial. The court highlighted that the prosecution did not adequately prove the motive or present any independent witnesses, rendering the evidence unreliable. As a result, the court set aside the prior convictions, showcasing the importance of timely and credible evidence in criminal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Sardar Tariq Masood,
Sardar Muhammad Shamim Khan
|
| Lawyers |
Altaf Ibrahim Qureshi,
Haji Muhammad Tariq Aziz Khokhar,
Miah Bashir Ahmad Bhatti,
D.P.G. Badar Raza Gilani
|
| Petitioners |
Ijaz Hussain,
Riffat Hussain
|
| Respondents |
The State
|
| Citations |
2011 SLD 980 = 2011 YLR 921
|
| Other Citations |
2002 YLR 497
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
34,
161
|