| Case ID |
4650fc91-f6d8-437f-9f5a-49d511f7442b |
| Body |
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| Case Number |
Criminal Appeal No. 430-J and Murder Reference No. |
| Decision Date |
Sep 29, 2018 |
| Hearing Date |
Sep 29, 2017 |
| Decision |
The Lahore High Court allowed the appeal filed by Niamat Ali against his conviction for the murder of his wife, Mst. Nazia Bibi. The court found significant issues in the prosecution's case, including delays in lodging the FIR, lack of credible eyewitness testimony, and insufficient evidence to establish motive. The court emphasized the principle of benefit of doubt, concluding that the prosecution failed to prove its case beyond a reasonable doubt. Consequently, the conviction and sentence were set aside, and Niamat Ali was acquitted of the charges. The court also answered the murder reference in the negative, not confirming the death sentence. |
| Summary |
This case revolves around the murder of Mst. Nazia Bibi by her husband, Niamat Ali, which allegedly occurred on January 28, 2013. The prosecution's case was built on eyewitness accounts from the complainant and his son, who were present during the incident. However, significant delays in FIR registration and postmortem examination raised doubts about the reliability of the evidence. The court analyzed the credibility of the witnesses, emphasizing that they were chance witnesses with no plausible explanation for their presence at the crime scene. The prosecution's failure to establish a clear motive and the inconclusive forensic evidence further weakened the case. Ultimately, the court ruled in favor of the accused, highlighting the importance of the principle of benefit of doubt in criminal law, underscoring that the prosecution must prove its case beyond a reasonable doubt. This case serves as a critical examination of evidentiary standards and the rights of the accused in the judicial process. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SADAQAT ALI KHAN,
SHEHRAM SARWAR CH.
|
| Lawyers |
Muhammad Younas Bhullar,
Ms. Nighat Saeed Mughal,
Zubair Ahmad Farooq,
Ch. Muhammad Jawad Zafar
|
| Petitioners |
Niamat Ali
|
| Respondents |
The State
|
| Citations |
2018 SLD 1091,
2018 YLR 289
|
| Other Citations |
Muhammad Riaz v. The State 2009 PCr.LJ 1022,
Irshad Ahmed v. The State 2011 SCMR 1190,
Nazeer Ahmed v. The State 2016 SCMR 1628,
Mst. Sughra Begum and another v. Qaiser Pervez and others 2015 SCMR 1142,
Muhammad Javed v. The State 2016 SCMR 2021,
Abdul Majeed v. The State 2011 SCMR 941,
Arshad Khan v. The State 2017 SCMR 564,
Muhammad Akram v. The State 2009 SCMR 230,
Muhammad Jamil v. Muhammad Akram and others 2009 SCMR 120
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|