| Case ID |
430a3eb5-21b4-4e68-97c8-b44392fe2313 |
| Body |
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| Case Number |
Crl. Appeal No. 1092 of 2003 |
| Decision Date |
Feb 17, 2004 |
| Hearing Date |
Feb 17, 2004 |
| Decision |
The appellant, Saifullah, was acquitted of the charges against him under section 193 of the Penal Code. The court found that the mens rea, which is essential for a conviction, was lacking in this case. The accused was declared hostile during his testimony, and he expressed that he was confused as it was his first time as a witness. The court emphasized that the prosecution failed to prove the case beyond a reasonable doubt, thus granting the appellant the benefit of doubt and allowing the appeal. |
| Summary |
In the case of Crl. Appeal No. 1092 of 2003, the Lahore High Court examined the appeal of Saifullah against his conviction under section 193 of the Penal Code. The court, presided over by Justices Bashir A. Mujahid and Abdul Shakoor Paracha, focused on the concept of mens rea, which is a critical element in criminal law. The appellant was initially declared hostile during his examination-in-chief, leading to a show-cause notice regarding potential false evidence. The court noted that the appellant's confusion stemmed from his inexperience as a witness in legal proceedings. Ultimately, the court ruled that the prosecution did not establish the necessary elements of the offense beyond a reasonable doubt, resulting in the acquittal of the appellant. This case highlights the importance of understanding the witness's state of mind and the intricacies of legal proceedings, particularly in cases involving perjury and false testimony. Key legal principles discussed include the necessity of mens rea and the burden of proof in criminal cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
BASHIR A. MUJAHID,
ABDUL SHAKOOR PARACHA
|
| Lawyers |
Saiful Malook,
S.D. Qureshi
|
| Petitioners |
Saifullah
|
| Respondents |
THE STATE
|
| Citations |
2004 SLD 2942 = 2004 PCRLJ 1682
|
| Other Citations |
1993 PCr.LJ 547
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
193
|