| Case ID |
d46444b3-7391-4433-ba89-0afeda887137 |
| Body |
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| Case Number |
Criminal Appeals Nos. 144, 149-J and Murder Refere |
| Decision Date |
Sep 24, 2018 |
| Hearing Date |
Sep 24, 2018 |
| Decision |
The Lahore High Court acquitted the appellant Yamin from the charge of murder, citing the prosecution's failure to prove the case beyond a reasonable doubt. The court highlighted the discrepancies in witness accounts, the lack of credible evidence, and the overall improbability of the prosecution's narrative. The court emphasized the sanctity of human life and the necessity of due process under law, ultimately extending the benefit of doubt to the accused and ordering his immediate release. The decision also noted that the case against the appellant was fraught with doubts, and thus, it would be unsafe to maintain the conviction. |
| Summary |
In the case concerning the tragic murders of Muhammad Akbar and Mst. Irshad Mai, the Lahore High Court examined the evidence presented by the prosecution against the appellant Yamin. The court found significant flaws in the prosecution's case, noting that the circumstances surrounding the incident were incompatible with the claims made in the First Information Report (FIR). Key witnesses failed to substantiate the prosecution's narrative, and the court emphasized that human life is sacred and cannot be taken away without due process. The judgment reinforced the principle of extending the benefit of doubt to the accused, leading to Yamin's acquittal. The case raises important questions about the standards of evidence required in criminal proceedings and the responsibilities of the prosecution in establishing a credible case against the accused. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Qazi Muhammad Amin Ahmed,
Ch. Abdul Aziz,
Yamin
|
| Lawyers |
Not available
|
| Petitioners |
Mumtaz Mustafa
|
| Respondents |
D.P.G.,
A.S.I.,
Khalid Pervez Uppal,
Shafiq
|
| Citations |
2019 SLD 219,
2019 YLR 14
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302(b)
|