| Case ID |
3af725d0-8b3d-4e6e-8501-b9dfdb28057c |
| Body |
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| Case Number |
Criminal Appeal No. 109 of 2009 |
| Decision Date |
Sep 08, 2015 |
| Hearing Date |
Sep 08, 2015 |
| Decision |
The Lahore High Court set aside the conviction and sentence of the appellant, Rizwan, recorded by the Trial Court. The appellant was previously convicted under Section 7(e) of the Anti Terrorism Act, 1997 and sentenced to life imprisonment. The court found that the prosecution failed to prove its case beyond a reasonable doubt. The key evidence was insufficient to connect the appellant to the kidnapping for ransom charge. The court emphasized that the prosecution must stand on its own legs and cannot benefit from the defense's weaknesses. The appeal was allowed, and the appellant was acquitted of all charges. |
| Summary |
In the case of Criminal Appeal No. 109 of 2009, the Lahore High Court addressed the conviction of Rizwan under the Anti-Terrorism Act for kidnapping and ransom. The court scrutinized the evidence presented by the prosecution, highlighting significant gaps and inconsistencies. The prosecution's failure to establish a clear link between the appellant and the alleged crime led to the conclusion that reasonable doubt existed. The judgment underscored the principle that an accused is entitled to the benefit of doubt, a cornerstone of criminal justice. The court's decision to acquit Rizwan was based on the lack of credible evidence and the prosecution's inability to fulfill its burden of proof. This case serves as a critical reminder of the rights of the accused and the importance of rigorous evidential standards in the judicial process. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID HAMEED DAR,
SYED SHAHBAZ ALI RIZVI
|
| Lawyers |
Raja Ghaneem Aabir Khan for Appellant,
Faisal Khan Niazi for the Complainant,
Muhammad Waqas Anwar, Deputy Prosecutor General along with Mohsin, ASI for the State
|
| Petitioners |
Rizwan
|
| Respondents |
The STATE,
another
|
| Citations |
2016 SLD 3123,
2016 MLD 890
|
| Other Citations |
Syed Saeed Muhammad Shah and another v. The State 1993 SCMR 550,
Muhammad Khan v. Maula Bakhsh and another 1998 SCMR 570,
Rahat Ali v. The State 2010 SCMR 584,
Basharat v. The State 1995 SCMR 1735,
Tariq Pervez v. The State 1995 SCMR 1345,
Muhammad Akram v. The State 2009 SCMR 230
|
| Laws Involved |
Anti-Terrorism Act (XXVII of 1997),
Penal Code (XLV of 1860)
|
| Sections |
7(e),
365-A
|