| Case ID |
2238a7eb-5828-4a4d-a8d7-0a0f0ec3c3cf |
| Body |
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| Case Number |
Criminal Appeals Nos.1617, 465 and Murder Referenc |
| Decision Date |
Nov 06, 2008 |
| Hearing Date |
Oct 21, 2008 |
| Decision |
The Lahore High Court acquitted the appellants Muhammad Nawaz and Habib Ullah alias Pomi of the murder charge due to significant doubts surrounding the prosecution's evidence. The court found glaring contradictions between the eyewitness accounts and medical evidence, noting that no independent witnesses came forward to support the prosecution's case. Furthermore, the evidence presented was deemed unreliable due to procedural violations in the investigation and the delayed dispatch of forensic evidence. The court emphasized that the benefit of doubt must be given to the accused, leading to the reversal of the trial court's conviction and death sentence. |
| Summary |
This case revolves around the acquittal of Muhammad Nawaz and Habib Ullah alias Pomi by the Lahore High Court in a murder trial. The court scrutinized the evidence presented by the prosecution, which included eyewitness testimony and medical reports. However, they found serious discrepancies between the testimonies and the medical evidence, including the fact that the FIR was not lodged at the police station and significant delays in the investigation. The court highlighted the lack of independent witnesses, which raised reasonable doubts about the credibility of the prosecution's case. Ultimately, the court ruled in favor of the appellants, emphasizing the principle that any lingering doubts must benefit the accused. This case showcases the critical importance of thorough and fair investigations in the judicial process, particularly in capital cases. The ruling reinforces the legal standard that a conviction must be supported by credible evidence beyond a reasonable doubt, a cornerstone of criminal justice. The decision also reflects ongoing discussions about the integrity of eyewitness accounts and the role of forensic evidence in securing convictions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Syed Shabbar Raza Rizvi,
Hasnat Ahmad Khan
|
| Lawyers |
Munir Ahmad Bhatti,
Kh. Sultan Ahmad,
Barrister Salman Safdar,
Ch. Abdul Razzaque Kamboh
|
| Petitioners |
MUHAMMAD NAWAZ,
Habib Ullah alias Pomi
|
| Respondents |
THE STATE
|
| Citations |
2009 SLD 3347 = 2009 PCRLJ 506
|
| Other Citations |
Muhammad Naeem v. The State 1998 PCr.LJ 292,
Muhammad Sharif Khan v. The State 1991 PCr.LJ 1992,
Attaullah and others v. The State PLD 1990 Pesh. 10,
Ahmad and 4 others v. The State 1988 PCr.LJ 1133,
Muhammad Javed and 2 others v. The State PLD 1988 Lah. 671,
Mst. Masood Begum v. Muhammad Maroof and 2 others 1998 PCr.LJ 56,
1947 Cr.LJ 730
|
| Laws Involved |
Penal Code (XLV of 1860),
Anti Terrorism Act, 1997
|
| Sections |
302(b),
34,
7(a)
|