| Case ID |
378f2732-bb78-4687-950f-77b2d6cda700 |
| Body |
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| Case Number |
Criminal Appeal No. 471 of 2012 |
| Decision Date |
Nov 20, 2018 |
| Hearing Date |
Nov 20, 2018 |
| Decision |
The Lahore High Court allowed the appeal and acquitted Muhammad Ashraf of the charge of qatl-i-amd due to insufficient evidence. The prosecution failed to differentiate the roles of the convicted accused and the acquitted accused, making the case against Muhammad Ashraf equally weak. The delay in recording the First Information Report and the lack of corroborative evidence further supported the decision. The court emphasized that the prosecution must prove its case beyond a shadow of a doubt, and since it failed to do so, the appellant was entitled to acquittal. The previous conviction and sentence were set aside, and the appellant was discharged from all liabilities. |
| Summary |
In the case of Muhammad Ashraf vs. The State, the Lahore High Court reviewed the appeal of Muhammad Ashraf, who was previously convicted under section 302(b) of the Pakistan Penal Code for the murder of Majid. The case revolved around the appreciation of evidence, the principle of benefit of doubt, and the prosecution's failure to establish a clear distinction between the roles of the accused. The judgment highlighted the importance of timely and credible evidence in criminal proceedings, emphasizing that the prosecution has the burden of proving guilt beyond a reasonable doubt. The court referenced several precedents to reinforce its decision, ultimately leading to the acquittal of Muhammad Ashraf. This case underscores the critical nature of evidentiary standards in criminal law and the protections afforded to the accused under the legal system. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
FAROOQ HAIDER, JUSTICE
|
| Lawyers |
Mudassar Altaf Qureshi,
Syed Nadeem Haider Rizvi, DPG
|
| Petitioners |
Muhammad Ashraf
|
| Respondents |
THE STATE AND OTHERS
|
| Citations |
2019 SLD 462,
2019 PCRLJ 353
|
| Other Citations |
Mst. Sughra Begum and another v. Qaiser Pervez and others 2015 SCMR 1142,
Irfan Ali v. The State 2015 SCMR 840,
Muhammad Ali v. The State 2015 SCMR 137,
Azhar Iqbal v. The State 2013 SCMR 383
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
342
|