| Case ID |
2112ff00-d870-4eff-b29d-8945036314a8 |
| Body |
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| Case Number |
Crl. A. No. 736 of 2016 |
| Decision Date |
Jan 09, 2019 |
| Hearing Date |
Jan 09, 2019 |
| Decision |
The Lahore High Court dismissed the criminal appeal against the acquittal of the respondent Mazhar Khan. The court found that the prosecution's case was fraught with doubts and contradictions, particularly between the ocular account and the medical evidence. The trial court had acquitted the respondent based on a lack of credible evidence, including the absence of a crime empty at the crime scene and significant discrepancies in witness accounts. The court emphasized that once an acquittal is granted, exceptionally strong grounds are required to overturn it, which were not present in this case. Therefore, the decision of the trial court to acquit was upheld, and the appeal was dismissed. |
| Summary |
In the case of Crl. A. No. 736 of 2016, the Lahore High Court addressed an appeal against the acquittal of Mazhar Khan in a serious criminal matter involving allegations of assault under the Pakistan Penal Code. The court thoroughly examined the evidence presented, particularly focusing on inconsistencies between witness testimonies and medical reports. The decision to acquit was based on several factors, including the lack of physical evidence at the crime scene and doubts about the reliability of the prosecution's witnesses. The legal principles governing appeals against acquittals were also discussed, reinforcing the notion that an acquittal carries a presumption of innocence that is difficult to overturn without compelling evidence. The court ultimately ruled that the trial court's judgment was justified and upheld the acquittal. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Qazi Muhammad Amin Ahmed
|
| Lawyers |
Malik Amjad Ali,
Mr. Khalid Pervez
|
| Petitioners |
Muqarab Khan
|
| Respondents |
Muhammad Ashraf,
Mazhar Khan,
Gulzar Khan,
Ashiq,
Askat
|
| Citations |
2020 SLD 2247,
2020 PLJ 969
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
417(2),
148,
149,
324,
337-F(iii),
337-F(vi)
|