| Case ID |
3cbb53fd-3a37-4674-8f42-b0bf4975ed18 |
| Body |
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| Case Number |
Criminal Appeal No.869 of 2005 |
| Decision Date |
Oct 05, 2007 |
| Hearing Date |
Oct 05, 2007 |
| Decision |
The Lahore High Court allowed the appeal against the acquittal of Rasheed and Bashir, restoring their convictions and sentences as determined by the trial court. The court found that the prosecution presented sufficient evidence, including corroborating medical evidence and eyewitness testimonies, which were credible and consistent. The court emphasized that delays in lodging the FIR did not negate the validity of the prosecution's case. The acquittal of Ahmad Sher was upheld due to his age and the lack of evidence against him. The court criticized the lower court for failing to provide a cogent rationale for its acquittal of the other respondents, underscoring that the evidence presented was strong enough to warrant conviction. |
| Summary |
In the case of Allah Bakhsh vs. Ahmed Sher and others, the Lahore High Court addressed a criminal appeal concerning the acquittal of several accused charged under the Penal Code and Criminal Procedure Code. The incident involved multiple injuries inflicted during a land possession dispute, leading to a series of legal proceedings. The court scrutinized the delay in filing the FIR and the testimonies of injured eyewitnesses, ultimately determining that the evidence supported the prosecution's claims. The ruling reinstated the trial court's convictions for Rasheed and Bashir while maintaining the acquittal of Ahmad Sher due to insufficient grounds for his prosecution. This case highlights the critical importance of credible eyewitness accounts and medical evidence in establishing the facts of a criminal case, reinforcing the legal standards for appeals against acquittals. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Khawaja Muhammad Sharif, J
|
| Lawyers |
Irfan Masood Sheikh,
Ch. Jamshaid Hussain, Deputy Prosecutor-General, Punjab,
Mehr Talib Hussain Bharwana
|
| Petitioners |
Allah Bakhsh
|
| Respondents |
Bashir,
Ahmed Sher,
Rasheed,
Iqbal
|
| Citations |
2008 SLD 6738,
2008 PCRLJ 4
|
| Other Citations |
1993 SCMR 828,
1981 SCMR 389,
PLD 1976 SC 593,
1992 SCMR 96
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
324,
337-A(i)(iii),
337-F(i)(v),
417
|