| Case ID |
22a9b095-c69d-47df-80d8-95efd6607f67 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeals Nos. 310-J and 311-J of 2007 |
| Decision Date |
May 28, 2013 |
| Hearing Date |
May 28, 2013 |
| Decision |
The Lahore High Court acquitted the appellants, Muhammad Shehzad alias Sahiba and Imran alias Shani, of the charges under sections 302(b), 324, and 34 of the Penal Code due to insufficient evidence linking them to the crime. The prosecution failed to establish that the appellants were identified as the assailants, as they were not named in the FIR, and the identification parade was deemed unreliable. The court emphasized that any doubt regarding the prosecution's case must benefit the accused, leading to their acquittal. |
| Summary |
In the case of Muhammad Shehzad alias Sahiba and Imran alias Shani, the Lahore High Court addressed serious deficiencies in the prosecution's case leading to the acquittal of the accused. The charges stemmed from an incident involving the murder of Muhammad Akram and the attempted murder of Muhammad Asghar. Key issues included the failure to name the accused in the FIR and the unreliability of witness identifications. The court highlighted the importance of corroborative evidence and the principle of giving the benefit of the doubt to the accused when the prosecution's evidence is insufficient. This case underscores critical aspects of criminal law in Pakistan, particularly regarding the burden of proof and the standards of evidence required for a conviction. |
| Court |
Lahore High Court
|
| Entities Involved |
Muhammad Akram (deceased),
Muhammad Asghar (injured witness),
Muhammad Ashraf (complainant)
|
| Judges |
MANZOOR AHMAD MALIK,
MALIK SHAHZAD AHMAD KHAN
|
| Lawyers |
Haider Rasool Mirza for Appellants,
Mirza Abid Majeed, D.P.G. for the State,
Muhammad Afzal Shad for the Complainant
|
| Petitioners |
MUHAMMAD SHEHZAD alias SAHIBA,
IMRAN alias SHANI
|
| Respondents |
THE STATE
|
| Citations |
2014 SLD 2536 = 2014 YLR 1102
|
| Other Citations |
State through Advocate-General, Sindh, Karachi v. Farman Hussain and others PLD 1995 SC 1,
Sabir Ali alias Fauji v. The State 2011 SCMR 563,
Muhammad Pervez and others v. The State and others 2007 SCMR 670,
Muhammad Afzal alias Abdullah and others v. The State and others 2009 SCMR 436,
Abdul Mateen v. Sahib Khan and others PLD 2006 SC 538,
Muhammad Yaqub v. The State 1971 SCMR 756,
Nek Muhammad and another v. The State PLD 1995 SC 516,
Muhammad Tasaweer v. Hafiz Zulkarnain and 2 others PLD 2009 SC 53,
Altaf Hussain v. Fakhar Hussain and another 2008 SCMR 1103
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
324,
34
|