| Case ID |
43eb6481-b582-4018-b2d9-777e4c8530ad |
| Body |
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| Case Number |
Criminal Appeal No. 262 and Murder Reference No. 3 |
| Decision Date |
Nov 07, 2019 |
| Hearing Date |
Nov 07, 2017 |
| Decision |
The Lahore High Court found serious doubts regarding the involvement of the accused in the murder of Muhammad Ijaz. The court scrutinized the testimonies of the eye-witnesses, who were deemed 'chance witnesses' as they lacked credible justification for their presence at the crime scene. The prosecution's case was significantly weakened by contradictions in witness statements, lack of physical evidence, and procedural irregularities during the investigation. Consequently, the court acquitted the accused by setting aside the convictions and sentences imposed by the trial court, emphasizing the principle that any reasonable doubt must benefit the accused. |
| Summary |
This case revolves around a criminal appeal regarding the murder of Muhammad Ijaz, involving charges under multiple sections of the Penal Code, including Qatl-i-amd and kidnapping. The Lahore High Court critically evaluated the prosecution's evidence, particularly focusing on the reliability of eye-witnesses, who were not residents of the area and could not provide a plausible explanation for their presence during the incident. The court highlighted significant inconsistencies in witness testimonies and procedural flaws in the investigation, such as the absence of corroborative physical evidence and delays in reporting the crime. The acquittal of the accused was based on the legal principle that any reasonable doubt should favor the defendant, leading to the conclusion that the prosecution failed to prove its case beyond reasonable doubt. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Tariq Saleem Sheikh,
Sadiq Mahmud Khurram
|
| Lawyers |
Javed Iqbal Bhatti,
Zia ur Rehman Randhawa,
Muhammad Ali Shahab,
Ch. Faqir Muhammad,
Nadeem Muhammad Tarar
|
| Petitioners |
Ismail,
Aslam,
Ghulam Abbas,
Muhammad Shafi,
Liaqat
|
| Respondents |
The State,
Another
|
| Citations |
2020 SLD 1397,
2020 YLR 1188
|
| Other Citations |
Muhammad Rafiq v. State 2014 SCMR 1698,
Usman alias Kaloo v. State 2017 SCMR 622,
Nasrullah alias Nasro v. The State 2017 SCMR 724,
Khalid alias Khalidi and 2 others v. The State 2012 SCMR 327,
Mian Sohail Ahmed and others v. The State and others 2019 SCMR 956,
Muhammad Rafique alias Feeqa v. The State 2019 SCMR 1068,
Noor Ahmad v. The State and others 2019 SCMR 1327,
Asad Rehmat v. The State and others 2019 SCMR 1156,
Mst. Rukhsana Begum and others v. Sajjad and others 2017 SCMR 596,
Tariq Mehmood v. The State and others 2019 SCMR 1170,
Rohtas Khan v. The State 2010 SCMR 566,
Muhammad Farooq and another v. The State 2006 SCMR 1707
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
364,
148,
149
|