| Case ID |
2e11bc4e-5b4d-4c3c-a79f-b8fdd2010a3d |
| Body |
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| Case Number |
Criminal Appeal No. 75 of 2011 |
| Decision Date |
May 25, 2013 |
| Hearing Date |
May 24, 2013 |
| Decision |
The Lahore High Court allowed the appeal of Ghulam Hussain, acquitting him of the charges under sections 365-B and 496-A of the Pakistan Penal Code. The court found that the prosecution failed to prove beyond a reasonable doubt that the appellant had abducted the complainant's daughter or that he intended to compel her to marry him. The evidence presented by the prosecution was deemed unreliable, with contradictions and lack of corroboration. The court noted that the alleged abductee left her home of her own free will and there was no evidence of force or coercion used against her. As a result, the conviction by the trial court was set aside, and the appellant was discharged from the case. |
| Summary |
This case revolves around the accusation of kidnapping under the Pakistan Penal Code against Ghulam Hussain. The Lahore High Court reviewed the evidence presented, focusing on the testimony of the complainant and the alleged abductee, Mst. Aneela Ambreen. The prosecution claimed that the appellant had abducted the complainant's daughter for the purpose of forcing her into marriage. However, the court found substantial inconsistencies in the testimonies and concluded that the alleged abductee had left her home voluntarily. The judgment emphasized the importance of credible evidence in criminal proceedings and highlighted the legal standards required to convict an individual of serious offenses such as kidnapping and abduction. The decision to acquit Ghulam Hussain underscores the principle of 'innocent until proven guilty', reaffirming the necessity for the prosecution to establish guilt beyond a reasonable doubt. Notably, the case touches upon themes of personal agency, consent, and the complexities of familial relationships, particularly in the context of marriage in Pakistani society. The ruling serves as a significant reference point for future cases involving abduction and consent, illustrating the judiciary's role in safeguarding individual rights against wrongful accusations. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD YOUNIS, J
|
| Lawyers |
Raja Ghaneem Aabir Khan,
M. Usman
|
| Petitioners |
GHULAM HUSSAIN
|
| Respondents |
The STATE
|
| Citations |
2015 SLD 460,
2015 PCRLJ 197
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
365-B,
496-A
|