| Case ID |
2d2d65a5-77ea-4a1e-8d51-7554644fa475 |
| Body |
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| Case Number |
Criminal Appeals Nos. 173-J, 894 of 2013 |
| Decision Date |
Nov 29, 2016 |
| Hearing Date |
Nov 29, 2016 |
| Decision |
The Lahore High Court acquitted Imran Ishaque after finding that the prosecution failed to prove its case beyond a reasonable doubt. The court highlighted that no eyewitnesses were presented, and the accused was not named in the FIR. The prosecution's case was deemed doubtful due to lack of motive attributed to the accused and inconsistencies in witness statements. The court emphasized the principle of benefit of doubt, concluding that if there is a reasonable doubt in the mind of the court regarding the guilt of the accused, the accused must be acquitted. Consequently, the conviction and sentence imposed by the trial court were set aside, and the accused was ordered to be released if not required in any other case. |
| Summary |
This case revolves around the acquittal of Imran Ishaque in a murder trial under the Pakistan Penal Code, specifically sections 302, 201, and 34. The Lahore High Court found significant shortcomings in the prosecution's case, including the absence of eyewitnesses and failure to establish a clear motive against the accused. The court referenced established legal principles regarding the importance of corroborating evidence, particularly in cases reliant on circumstantial evidence, emphasizing that the last seen evidence presented was weak and uncorroborated. The decision underlines the judicial principle that the benefit of doubt must favor the accused, a fundamental aspect of criminal law. This case serves as a critical reference point in the interpretation of evidentiary standards in criminal trials, particularly in murder cases, highlighting the necessity for concrete evidence to secure a conviction. Keywords such as 'Pakistan Penal Code', 'murder acquittal', 'criminal law', and 'evidentiary standards' are relevant for legal professionals and scholars examining the intricacies of criminal jurisprudence in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Sadaqat Ali Khan,
Imran Ishaque
|
| Lawyers |
Saroop Ijaz,
Fawad Akram Sufi,
Nisar Ahmad Virk
|
| Petitioners |
Imran Ishaque
|
| Respondents |
The State
|
| Citations |
2017 SLD 2594,
2017 PCRLJ 400
|
| Other Citations |
Altaf Hussain v. Fakhar Hussain and another 2008 SCMR 1103,
Mursal Kazmi alias Qamar Shah and another v. The State 2009 SCMR 1410,
Muhammad Akram v. The State 2009 SCMR 230
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
34,
201,
302
|