| Case ID |
3901d0ae-fe9f-4b65-89ea-c98899217f61 |
| Body |
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| Case Number |
Crl. Appeal No. 35-J of 2013 |
| Decision Date |
Dec 03, 2018 |
| Hearing Date |
Dec 03, 2018 |
| Decision |
The appeal was accepted and the conviction of the appellant was set aside. The court found that there was no direct evidence against the appellant and the case relied heavily on circumstantial evidence and extra judicial confession, which was deemed unreliable. The medical evidence, while confirming the cause of death, did not link the appellant to the crime. The recovery of the weapon was from an accessible area and did not establish the appellant's involvement in the murder. As such, the court concluded that the evidence presented was insufficient to uphold the conviction. |
| Summary |
In the case of Crl. Appeal No. 35-J of 2013, the Lahore High Court addressed the appeal of an individual convicted under Section 302(b) of the Pakistan Penal Code. The appellant was sentenced to life imprisonment following the murder of Athar Iqbal. The case was primarily based on circumstantial evidence, including an alleged extra judicial confession and recovery of a weapon. However, the court found the evidence to lack credibility, particularly the extra judicial confession, which was not corroborated by reliable witnesses or evidence. The medical evidence confirmed the nature of the injuries but did not establish a direct link to the accused. The appeal underscored the importance of direct evidence in criminal cases and the court's skepticism towards weak forms of evidence such as extra judicial confessions. As a result, the conviction was overturned and the appellant was released, illustrating the judicial system's commitment to ensuring that convictions are based on solid and reliable evidence. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ANWAARUL HAQ PANNUN, JUSTICE
|
| Lawyers |
Mr. Shafqat Raza Thaheem
|
| Petitioners |
Mr. Shafqat Raza Thaheem
|
| Respondents |
Syed Nadeem Haider Rizvi, D.P.G.
|
| Citations |
2019 SLD 42,
2019 PLJ 155
|
| Other Citations |
2006 SCMR 231,
1996 SCMR 188,
2010 PCrLJ 1730,
2015 SCMR 155,
2009 SCMR 1410,
PLD 2009 SC 53
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
302(b)
|