| Case ID |
430380e2-e67c-43a7-8a8c-41ec45296e1c |
| Body |
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| Case Number |
Criminal Appeal No. 509-J and Murder Reference No. |
| Decision Date |
Apr 08, 2019 |
| Hearing Date |
|
| Decision |
The Lahore High Court acquitted the appellants Muhammad Darvaish, Ahmad Khan, and Muhammad Khan of charges related to murder and attempted murder due to lack of credible evidence. The court observed that the eyewitnesses were deemed to be partisan witnesses with strained relations to the accused, which diminished their reliability. Furthermore, the prosecution failed to establish a clear motive and did not provide corroborative evidence to support the claims. The decision emphasized the importance of credible eyewitness testimony and the presumption of innocence in criminal cases, leading to the conclusion that the benefit of doubt must favor the accused. |
| Summary |
This case revolves around a criminal appeal against the conviction of three individuals for murder under the Pakistan Penal Code. The court scrutinized the credibility of eyewitnesses, who were found to have personal grievances against the accused, thus categorizing them as partisan witnesses. The decision highlighted the critical need for corroborative evidence in criminal proceedings, especially when the eyewitnesses' reliability is in question. Additionally, the court pointed out procedural lapses in the prosecution's case, including the failure to prove the presence of light during a nighttime incident, which could lead to mistaken identity. Ultimately, the Lahore High Court acquitted the accused, reinforcing the principle that the prosecution bears the burden of proof beyond a reasonable doubt. This case underscores the significance of evidentiary standards and the rights of the accused in the Pakistani legal system, reflecting broader themes of justice and fairness. Keywords: Lahore High Court, murder acquittal, eyewitness reliability, Pakistan Penal Code, criminal procedure, partisan witnesses, reasonable doubt. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. MUSHTAQ AHMAD,
CH. ABDUL AZIZ
|
| Lawyers |
Not available
|
| Petitioners |
Sardar Muhammad Latif Khan Khosa,
Mian Muhammad Ayyaz Nasir,
Rai Nasir Ali Kharal,
Saiqa Javaid
|
| Respondents |
Hamayoun Aslam
|
| Citations |
2019 SLD 1725,
2019 PCRLJ 1086
|
| Other Citations |
2015 SCMR 1142,
1997 SCMR 1076,
2017 SCMR 1189,
2017 SCMR 344,
2019 SCMR 129,
PLD 1953 Federal Court 223,
2008 PCr.LJ 1666
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
148,
149,
302,
302(b),
324,
22A,
340(2),
342,
374,
540,
543,
544A,
3,
59
|