| Case ID |
3abdddd4-8df6-49a4-9f9d-2ebc82b5075a |
| Body |
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| Case Number |
Criminal Appeal No. 237968 and Murder Reference No |
| Decision Date |
Sep 08, 2022 |
| Hearing Date |
Sep 08, 2022 |
| Decision |
The Lahore High Court allowed the appeal of Muhammad Saleem against his conviction and death sentence for the murder of Mst. Kousar Bibi. The court noted significant delays in filing the FIR and conducting the post-mortem examination, which raised doubts about the prosecution's case. The court found that the prosecution did not provide satisfactory explanations for these delays, undermining the credibility of the evidence presented. Additionally, the testimonies of eyewitnesses were deemed unreliable due to inconsistencies and unnatural conduct during the incident. The court emphasized the principle of benefit of doubt, concluding that the prosecution failed to establish the guilt of the appellant beyond a reasonable doubt, resulting in his acquittal. |
| Summary |
In the case of Muhammad Saleem, the Lahore High Court evaluated the appeal against his conviction for the alleged murder of Mst. Kousar Bibi. The court highlighted critical issues surrounding the investigation, including a delay of over seven hours in lodging the FIR and a nine-hour delay in conducting the post-mortem examination, which cast serious doubts on the prosecution's claims. The court scrutinized the testimonies of key witnesses, identifying inconsistencies that pointed to the possibility of their absence at the crime scene. The judgment underscored the importance of the benefit of doubt in criminal cases, ultimately leading to the acquittal of the accused. The case illustrates the necessity for robust evidence and timely investigations in criminal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Shehram Sarwar Ch.,
Muhammad Tariq Nadeem
|
| Lawyers |
Ms. Sheeba Qaiser,
Abdur Rauf,
Muhammad Ayub Sialvi
|
| Petitioners |
MUHAMMAD SALEEM
|
| Respondents |
The STATE,
another
|
| Citations |
2024 SLD 184,
2024 PCRLJ 214
|
| Other Citations |
Altaf Hussain v. The State 2019 SCMR 274,
Ghulam Abbas and another v. The State and another 2021 SCMR 23,
Pervaiz Khan and another v. The State 2022 SCMR 393,
Sufyan Nawaz and another v. The State and others 2020 SCMR 192,
Muhammad Adnan and another v. The State and others 2021 SCMR 16,
Liaqat Ali v. The State 2008 SCMR 95,
Pathan v. The State 2015 SCMR 315,
Zafar v. The State and others 2018 SCMR 326,
Shaukat Hussain v. The State 2022 SCMR 1358,
Muhammad Ilyas and another v. Ameer Ali and another 2020 SCMR 305,
Liaqat Ali and another v. The State and others 2021 SCMR 780,
Khalid Mehmood and others v. The State and others 2021 SCMR 810,
Muhammad Mansha v. The State 2018 SCMR 772,
Muhammad Imran v. The State 2020 SCMR 857,
Najaf Ali Shah v. The State 2021 SCMR 736,
The State through P.G. Sindh and others v. Ahmed Omar Sheikh and others 2021 SCMR 873,
Muhammad Ashraf alias Nikka v. The State 2022 SCMR 1328
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|