| Case ID |
370b8b84-8bfc-4028-929d-51940129a21f |
| Body |
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| Case Number |
Criminal Appeal No. 1764 of 2003 |
| Decision Date |
Oct 14, 2014 |
| Hearing Date |
Oct 14, 2014 |
| Decision |
The appeal against acquittal was dismissed by the Lahore High Court, affirming the decision of the trial court. The court found that the prosecution had failed to provide sufficient evidence to establish the guilt of the accused beyond a reasonable doubt. Key factors included significant delays in reporting the incident, inconsistencies in witness testimonies, and doubts regarding the identification parade procedures. The court emphasized the principle of presumption of innocence, particularly in cases of acquittal, and noted that the prosecution had not successfully demonstrated any arbitrary or capricious reasoning by the trial court in reaching its verdict. As such, the acquittal of the accused was upheld, and the appeal was found to lack merit. |
| Summary |
In the case heard by the Lahore High Court, the appeal against the acquittal of six accused in a serious criminal matter involving murder and robbery was dismissed. The court highlighted the importance of credible evidence, pointing out the prosecution's shortcomings, including delays in police reporting and discrepancies in witness accounts. The court noted that the identification parade was conducted under questionable circumstances, with significant time lapses and lack of proper procedures. The judges emphasized the principle that the burden of proof lies with the prosecution and that any reasonable doubt should favor the accused. The decision reaffirms the legal standards required for convicting individuals in criminal cases, underscoring the necessity for clear and convincing evidence to sustain a conviction. This case serves as a critical reminder of the legal protections afforded to defendants and the rigorous standards that must be met in criminal prosecutions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAZHAR IQBAL SIDHU,
AALIA NEELUM
|
| Lawyers |
Munir Ahmad Sial
|
| Petitioners |
THE STATE
|
| Respondents |
MUKHTAR AHMAD,
Majid alias Majju,
Razzaq,
Muhammad Siddique alias Laddu,
Kherat alias Khertu,
Mushtaq Ahmad
|
| Citations |
2016 SLD 3231 = 2016 MLD 1840
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
324,
336,
395,
460,
148,
149,
417
|