| Case ID |
697a4544-f963-4bb3-9619-cf8f15a0e9ae |
| Body |
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| Case Number |
Criminal Appeal No. 215 and Criminal Revision No. |
| Decision Date |
Feb 17, 2021 |
| Hearing Date |
Feb 17, 2021 |
| Decision |
The appeal against conviction was allowed due to failure of the prosecution to establish the case beyond reasonable doubt. Significant inconsistencies in witness testimonies raised doubts about their reliability. The prosecution's case relied heavily on the statements of witnesses who were not residents of the area and had not convincingly proven their presence at the crime scene. The absence of corroborative evidence, such as blood-stained clothes or reliable identification of the assailants, further weakened the prosecution's position. The court emphasized the importance of establishing a credible motive and the necessity for witnesses to provide a convincing explanation for their presence at the scene of the crime. |
| Summary |
In the case of Hasnat Ahmed vs. The State, the Lahore High Court examined the appeal against conviction for murder under sections 302(b) and 34 of the Penal Code. The court found that the prosecution failed to prove the case beyond a reasonable doubt, primarily due to the unreliable testimonies of witnesses who could not convincingly establish their presence at the crime scene. The inconsistencies in witness accounts, lack of physical evidence, and the absence of a clear motive for the alleged crime led to the conclusion that the prosecution's case was not substantiated. The court allowed the appeal, emphasizing the principle that the benefit of doubt must be given to the accused in criminal cases. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Not available
|
| Judges |
SADIQ MAHMUD KHURRAM, J
|
| Lawyers |
Not available
|
| Petitioners |
Hasnat Ahmed
|
| Respondents |
The STATE and another
|
| Citations |
2023 SLD 1127 = 2023 MLD 585
|
| Other Citations |
Mst. Sughra Begum and another v. Qaiser Pervez and others 2015 SCMR 1142,
Mst. Mir Zalai v. Ghazi Khan and others 2020 SCMR 319,
Nadeem alias Kala v. The State and others 2018 SCMR 153,
Muhammad Rafiq v. State 2014 SCMR 1698,
Usman alias Kaloo v. State 2017 SCMR 622,
Nasrullah alias Nasro v. The State 2017 SCMR 724,
Gulfam and another v. The State 2017 SCMR 1189,
Hameed Gul v. Tahir and 2 others 2006 SCMR 1628,
Basar v. Zulfiqar Ali and others 2010 SCMR 1972,
Azhar Mehmood and others v. The State 2017 SCMR 135,
Arshad Khan v. The State 2017 SCMR 564,
Shamshad v. The State 1998 SCMR 854,
Lal Khan v. The State 1996 SCMR 1846,
Muhammad Irshad v. Allah Ditta and others 2017 SCMR 142,
G. M. Niaz v. The State 2018 SCMR 506
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
34
|