| Case ID |
4347b1ab-157c-4574-ae87-6549daebaf44 |
| Body |
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| Case Number |
Crl. As. Nos. 40, 65, Crl. Rev. No. 35 and M.R. No |
| Decision Date |
Mar 15, 2004 |
| Hearing Date |
Mar 15, 2004 |
| Decision |
The Lahore High Court acquitted the appellant, Arshad Ali, of the murder charge under section 302 of the Penal Code due to insufficient evidence. The prosecution's case was found lacking in credibility as the testimonies of key witnesses were deemed unreliable and contradictory. The court highlighted that the presence of the eyewitnesses at the scene was doubtful, and the motive for the crime was not convincingly established. As a result, the conviction and death sentence imposed by the trial court were set aside, and the appellant was ordered to be released if not required in any other case. |
| Summary |
This case revolves around the acquittal of Arshad Ali, who was initially convicted for murder under section 302 of the Penal Code. The Lahore High Court reviewed the evidence presented during the trial and found significant flaws in the prosecution's case, including doubts regarding eyewitness credibility and the absence of concrete evidence linking the accused to the crime. The court emphasized the importance of reliable witness testimonies in establishing a conviction. The decision also reflects on the legal principles surrounding the appreciation of evidence, particularly when dealing with serious charges such as murder. Overall, this case underscores the necessity for the prosecution to prove its case beyond reasonable doubt and highlights the judicial system's commitment to ensuring fair trials. Keywords: murder acquittal, eyewitness credibility, legal principles, evidence appreciation, Lahore High Court. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SH. ABDUR RASHID,
M. BILAL KHAN
|
| Lawyers |
Malik Rab Nawaz,
Sardar Tariq Masood Khan,
Tanvir Iqbal
|
| Petitioners |
Arshad Ali
|
| Respondents |
THE STATE
|
| Citations |
2004 SLD 2501,
2004 PCRLJ 1403
|
| Other Citations |
Haroon alias Harooni v. The State and another 1995 SCMR 1627,
Riaz Masih and Mithoo v. The State 1995 SCMR 1730
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302
|