| Case ID |
39822388-719b-4d0c-b9ad-c1faa4f88ee9 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 61430-J and Murder Reference N |
| Decision Date |
Jan 18, 2021 |
| Hearing Date |
Jan 18, 2021 |
| Decision |
The Lahore High Court acquitted the appellants Akhtar Ali and Sher Khan, who had been convicted and sentenced to death for the murder of Muhammad Aslam and Nusrat Bibi. The court found significant delays in the reporting of the crime and the conducting of autopsies, which undermined the prosecution's case. The court emphasized that the prosecution must prove its case beyond a reasonable doubt and that any doubt should benefit the accused. The evidence presented by the prosecution was deemed shaky and unreliable, resulting in the decision to set aside the convictions and sentences of the appellants. |
| Summary |
In the case of Akhtar Ali and Sher Khan vs. The State, the Lahore High Court reviewed the convictions of the appellants for the murder of Muhammad Aslam and Nusrat Bibi. The court highlighted the importance of timely reporting of the crime and the reliability of evidence presented. The significant delay of four and a half hours in reporting the incident to the police, along with the failure to provide plausible explanations for the delays in evidence collection, cast doubt on the prosecution's narrative. The court pointed out that the ocular evidence was inconsistent with medical evidence, and the prosecution's failure to prove motive further weakened its case. Thus, the court ruled in favor of the appellants, granting them the benefit of the doubt and acquitting them. This case underscores the critical legal principle that the burden of proof lies with the prosecution, and any reasonable doubt must favor the accused. Key references in this judgment included precedents that reinforce the necessity for credible evidence and the prosecution's obligation to establish guilt beyond a reasonable doubt. Keywords: Lahore High Court, murder case, acquittal, prosecution burden, reasonable doubt. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SADAQAT ALI KHAN, JUSTICE,
SHEHRAM SARWAR CH., JUSTICE
|
| Lawyers |
Sheraz Zaka,
Ali Muhammad Zahid Bukhari,
Khalida Parveen,
Munir Ahmad Sial
|
| Petitioners |
Akhtar Ali,
Sher Khan
|
| Respondents |
THE STATE
|
| Citations |
2021 SLD 1750,
2021 PCRLJ 750
|
| Other Citations |
Altaf Hussain v. The State 2019 SCMR 274,
Irshad Ahmed v. The State 2011 SCMR 1190,
Nazeer Ahmed v. The State 2016 SCMR 1628,
Muhammad Khan v. Maula Bakhsh and another 1998 SCMR 570,
Amin Ali and another v. The State 2011 SCMR 323,
Shahbaz v. The State 2016 SCMR 1763,
Imtiaz alias Taj v. The State and others 2018 SCMR 344,
PLD 2019 SC 527,
Muhammad Akram v. The State 2009 SCMR 230
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
374
|