| Case ID |
38fc8d09-0619-4d26-8739-9c1b301d2b41 |
| Body |
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| Case Number |
Criminal Appeal No. 453 of 2014 |
| Decision Date |
Nov 20, 2018 |
| Hearing Date |
|
| Decision |
The Lahore High Court, in a judgment delivered by Justice Sadiq Mahmud Khurram, acquitted Ashfaq, the appellant, of the charge of Qatl-i-amd of Mazhar Ilyas due to insufficient evidence. The court found the prosecution witnesses' accounts unconvincing, citing their failure to intervene during the attack and the lack of corroborating evidence regarding the recovery of the weapon. The evidence presented was deemed to have substantial doubts regarding the appellant's involvement, leading to the conclusion that the prosecution had not met its burden of proof. Consequently, the conviction and death sentence imposed by the trial court were set aside, and the appeal was allowed. |
| Summary |
In the case of Ashfaq vs. The State, the Lahore High Court addressed a serious charge of murder under the Pakistan Penal Code, specifically Section 302(b) concerning intentional murder. The appellant, Ashfaq, was accused of killing Mazhar Ilyas with a 'chhurri' (knife) during an altercation. The court scrutinized the reliability of the eyewitness accounts, which were pivotal to the prosecution's case. Notably, the witnesses failed to act during the attack, raising significant questions about their credibility. The absence of independent witnesses at the crime scene further weakened the prosecution's position. Additionally, the recovery of the weapon was contentious, as it occurred without appropriate oversight, violating procedural requirements. The court emphasized the principle that any reasonable doubt must benefit the accused, ultimately leading to Ashfaq's acquittal. This case underscores the importance of credible evidence in criminal proceedings and highlights the legal standards required to uphold a conviction. It serves as a precedent in evaluating eyewitness reliability and procedural integrity in criminal law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SADAQAT ALI KHAN,
JUSTICE SADIQ MAHMUD KHURRAM
|
| Lawyers |
Not available
|
| Petitioners |
James Joseph
|
| Respondents |
Malik Riaz Ahmad Saghla
|
| Citations |
2019 SLD 2914 = 2019 PCRLJ 1683
|
| Other Citations |
Pathan v. The State 2015 SCMR 315,
Shahzad Tanveer v. The State 2012 SCMR 172,
Liaquat Ali v. The State 2008 SCMR 95,
Gulfam and another v. The State 2017 SCMR 1189,
Nadeem alias Nanha alias Billa Sher v. The State 2010 SCMR 949,
Khalid alias Khalidi and 2 others v. The State 2012 SCMR 327,
Hashim Qasim and another v. The State 2017 SCMR 986,
Muhammad Mansha v. The State 2018 SCMR 772
|
| Laws Involved |
Pakistan Penal Code, 1860,
Qanun-e-Shahadat (10 of 1984),
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
129,
103,
161,
173,
340(2),
342,
374,
544A
|