| Case ID |
391b3500-d5dd-4665-9f7a-5bc0b7da8c42 |
| Body |
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| Case Number |
Cr. A. No. 828 and Cr. Rev. No. 550 of 2008 |
| Decision Date |
Sep 16, 2015 |
| Hearing Date |
Sep 16, 2015 |
| Decision |
The Lahore High Court acquitted the appellants of all charges due to insufficient evidence. The prosecution's case was found to be built on shaky grounds, with significant contradictions between the ocular and medical evidence. The court emphasized that the prosecution failed to prove the case beyond a reasonable doubt, which is a crucial requirement in criminal law. The decision highlighted the importance of credible witness testimony and reliable medical evidence in establishing the guilt of the accused. The court extended the benefit of doubt to the appellants, leading to their acquittal. The appeal against their conviction was allowed, and the sentences were suspended, with the sureties discharged from their liabilities. |
| Summary |
This case revolves around the acquittal of the appellants, Shaokat Ali and others, who were charged under various sections of the Penal Code, including Qatl-i-amd (murder), attempt to murder, and house trespass. The Lahore High Court's decision hinged on the prosecution's failure to present strong and credible evidence. Key points of contention included the delayed recording of witness statements, discrepancies in medical evidence, and the lack of concrete proof linking the accused to the crime. The court underscored the legal principle that any doubt in the prosecution's case must be resolved in favor of the accused. The judgment serves as a critical analysis of how procedural lapses and unreliable witness accounts can lead to the dismissal of serious criminal charges. The case is significant for its implications on the standards of proof required in criminal proceedings, particularly in cases involving severe allegations such as murder. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SAMI KHAN
|
| Lawyers |
Imran Arif Ranjha,
Irfan Zia,
Babar Bilal Awan
|
| Petitioners |
2 OTHERS,
SHAUKAT ALI
|
| Respondents |
THE STATE
|
| Citations |
2017 SLD 2076,
2017 YLR 724
|
| Other Citations |
Barkat Ali v. Muhammad Asif and others 2007 SCMR 1812,
Amin Ali and another v. The State 2011 SCMR 323,
Ghulam Qadir and 2 others v. The State 2008 SCMR 1221,
1993 SCMR 550
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
324,
337-A(i),
449,
34
|