| Case ID |
2ac643be-71fa-4e6c-8f52-a2901291cc66 |
| Body |
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| Case Number |
Crl. Appeal No. 1207 of 2010 |
| Decision Date |
May 04, 2016 |
| Hearing Date |
May 04, 2016 |
| Decision |
The Lahore High Court ruled in favor of the appellants, acquitting them of all charges due to insufficient evidence. The court found that the prosecution failed to prove beyond reasonable doubt that the FIR was lodged immediately after the occurrence. Key witnesses were found to be related to the deceased and their credibility was significantly undermined due to discrepancies in their testimonies. Moreover, the medical evidence presented was in conflict with the eyewitness accounts, creating reasonable doubt regarding the prosecution's case. The court emphasized that the benefit of doubt must always be given to the accused, leading to the conclusion that the accusations were unsubstantiated. |
| Summary |
In the case of Abdul Sattar alias Sattari and others vs. The State, the Lahore High Court assessed the validity of the convictions under sections 302(b) and 149 of the Penal Code. The court scrutinized the evidence provided by the prosecution, which was primarily based on eyewitness accounts from relatives of the deceased. It was determined that these witnesses could not reliably testify due to their close ties to the victims and potential biases stemming from ongoing enmities. The court found that the prosecution's timeline was inconsistent and the medical evidence contradicted the claims made by the eyewitnesses. No independent corroborative evidence was found to support the prosecution's narrative, leading to the conclusion that the appellants were wrongfully implicated. The ruling reinforced the principle that any doubt should benefit the accused, resulting in their acquittal and highlighting the importance of credible evidence in the judicial process. |
| Court |
Lahore High Court
|
| Entities Involved |
Hassan Ahmad,
Idrees,
Wazir Ali,
Shafique,
Ghafooran Bibi,
Abdul Sattar alias Sattari,
Khalid alias Khaldi,
Nazir Ahmad alias Kali,
Ebad Ali
|
| Judges |
MISS AALIA NEELUM,
SYED SHAHBAZ ALI RIZVI,
ABDUL SATTAR ALIAS SATTARI
|
| Lawyers |
Shahzad Saleem Warraich,
Ch. Masood Ahmad Zafar,
Humayoun Aslam
|
| Petitioners |
Abdul Sattar alias Sattari,
Khalid alias Khaldi,
Nazir Ahmad alias Kali,
Ebad Ali
|
| Respondents |
THE STATE
|
| Citations |
2016 SLD 2575 = 2016 PCRLJ 1535
|
| Other Citations |
Muhammad Akram v. The State 2009 SCMR 230
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
149
|