| Case ID |
43445981-f393-4a82-829d-89e6f9a28bd9 |
| Body |
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| Case Number |
Crl. Appeal No. 1067-J of 2016 |
| Decision Date |
Dec 07, 2017 |
| Hearing Date |
Dec 07, 2017 |
| Decision |
The appeal was allowed, and the accused was acquitted due to insufficient evidence. The court found that the identification of the accused was not free from doubt as the eyewitnesses did not produce the torch or bulb used to identify the accused. Additionally, the confessional statements made were deemed inadmissible due to procedural violations. The prosecution failed to establish a motive, and the principle of benefit of doubt was applied in favor of the accused. |
| Summary |
This case revolves around the appeal against the conviction of Ziaullah for the murder of Sammar-uz-Zaman. The Lahore High Court examined the evidence presented, particularly focusing on the reliability of eyewitness accounts and the admissibility of confessional statements. The court highlighted the importance of producing corroborative evidence, especially in cases involving serious charges such as murder under Section 302 of the Pakistan Penal Code. The decision underscored the judicial principle that the benefit of doubt must be extended to the accused, reinforcing the notion that a conviction cannot stand if the evidence raises substantial doubts about the guilt of the accused. The court's ruling emphasized the need for meticulous adherence to legal standards in recording confessions and conducting investigations, thereby contributing to the ongoing discourse on criminal jurisprudence in Pakistan. Key themes include the evaluation of eyewitness reliability, the admissibility of confessions, and the overarching principle of presumption of innocence until proven guilty. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Tariq Saleem Sheikh, Justice,
Ziaullah
|
| Lawyers |
Mr. Tanveer Haider Buzdar,
Mr. Muhammad Sharif Karkhi Khaira
|
| Petitioners |
Mr. Tanveer Haider Buzdar
|
| Respondents |
STATE,
Mr. Sarfraz Ahmad Khichi, DDPP,
Mr. Muhammad Sharif Karkhi Khaira
|
| Citations |
2018 SLD 2807,
2018 PLJ 758
|
| Other Citations |
2017 SCMR 344,
2017 SCMR 564,
2008 SCMR 1103,
2008 SCMR 1549,
2009 SCMR 985,
PLD 2009 SC 53,
2016 SCMR 1605,
2017 SCMR 986,
PLD 1952 FC 1,
PLD 1975 SC 187,
PLD 2003 SC 704,
2009 SCMR 736,
2010 SCMR 55,
2016 SCMR 274,
1991 MLD 2001,
1995 MLD 551,
2002 PCr.LJ 1631,
1995 SCMR 1345,
PLD 2008 SC 349,
2009 SCMR 230
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302
|