| Case ID |
3787d3b2-1f1d-4f37-84b2-7d4a52527662 |
| Body |
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| Case Number |
Crl. Appeal No. 287 of 2014 |
| Decision Date |
Oct 04, 2017 |
| Hearing Date |
Oct 04, 2017 |
| Decision |
The appeal was allowed as the prosecution failed to prove its case against the appellants, Imtiaz Hussain and Muhammad Azhar, beyond reasonable doubt. The court highlighted discrepancies in the prosecution's evidence, lack of medical evidence supporting the claims, and emphasized the principle of benefit of doubt in favor of the accused. Consequently, the convictions and sentences under Section 377 of the Pakistan Penal Code were set aside, resulting in their acquittal. |
| Summary |
In the notable case of Crl. Appeal No. 287 of 2014, the Lahore High Court examined the appeal of Imtiaz Hussain and Muhammad Azhar against their conviction for sodomy under the Pakistan Penal Code, specifically Sections 367-A and 377. The court found that the prosecution's evidence was insufficient and inconsistent, leading to reasonable doubt about the appellants' guilt. The judgment emphasized the importance of medical evidence in such cases, which was notably lacking. The principle of benefit of doubt was applied, resulting in the acquittal of the appellants. This case raises significant questions about the standards of proof required in sexual offence cases and the role of medical evidence in corroborating allegations. The court's decision underscores the legal protections afforded to individuals accused of serious crimes when the prosecution fails to meet its burden of proof. The ruling is a critical reference point in discussions about the legal framework surrounding sexual offences in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
RAJA SHAHID MEHMOOD ABBASI,
IMTIAZ HUSSAIN
|
| Lawyers |
Rana Muhammad Asif Saeed,
Malik Riaz Ahmad Saghla,
Syed Muzammil Hussain
|
| Petitioners |
Not available
|
| Respondents |
STATE,
|
| Citations |
2018 SLD 1968,
2018 PLJ 564
|
| Other Citations |
Muhammad Aslam vs. Shakeel Liaqat 2006 SCMR 348,
Tariq Pervez vs. The State 1995 SCMR 1345
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
367-A,
377
|