| Case ID |
36bbf7e7-c4b4-4c7b-94fd-703b69330933 |
| Body |
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| Case Number |
Criminal Appeal No. 488 of 2012 |
| Decision Date |
Apr 01, 2014 |
| Hearing Date |
Apr 01, 2014 |
| Decision |
The Lahore High Court accepted the appeal filed by Abdul Qayyum and acquitted him of the charges due to insufficient evidence. The court found that the prosecution failed to establish the identity of the accused as the eyewitnesses made dishonest improvements in their testimonies. The court highlighted that no motive was sufficiently established, and the ocular testimony was disbelieved, rendering the corroborative evidence ineffective for conviction. The ruling emphasized the importance of reliable eyewitness accounts in criminal trials, reinforcing the principle that an accused is presumed innocent until proven guilty. |
| Summary |
In the case of Abdul Qayyum vs. The State, the Lahore High Court addressed serious concerns regarding the reliability of eyewitness testimony in a murder trial. The court scrutinized the evidence presented and found that the prosecution's case was riddled with inconsistencies. Key witnesses failed to provide credible accounts of the incident, and their statements were deemed unreliable due to dishonest improvements. The absence of a clear motive further weakened the prosecution's case. This judgment underscores the significance of credible evidence in criminal cases, as the court ultimately favored the principle of 'innocent until proven guilty' and acquitted the appellant. The decision serves as a critical reminder of the judicial system's commitment to upholding justice and ensuring that convictions are based on solid and corroborative evidence. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ARSHAD MAHMOOD TABASSUM, J
|
| Lawyers |
Syed Muhammad Jaffar Tayyar Bokhari,
Naeem Ahmad Khan,
Asma Khan,
Shaukat Ali Ghauri, A.P.G.
|
| Petitioners |
ABDUL QAYYUM
|
| Respondents |
The STATE,
another
|
| Citations |
2015 SLD 651,
2015 YLR 348
|
| Other Citations |
Akhtar and others v. The State 2008 SCMR 6,
Noor Muhammad v. The State and another 2010 SCMR 97
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
324,
398,
34,
161
|