| Case ID |
d5f45a5e-5b0f-471b-9045-fdf094dd2d92 |
| Body |
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| Case Number |
Jail Appeal No. 62-J of 2013 |
| Decision Date |
Jul 31, 2015 |
| Hearing Date |
Jul 16, 2015 |
| Decision |
The Lahore High Court acquitted Abid Hussain and set aside the conviction and sentence imposed by the trial court. The court found significant discrepancies in the prosecution's evidence, particularly regarding the reliability of eyewitness accounts. The judgment emphasized that the prosecution failed to establish the presence of eyewitnesses at the scene of the crime and highlighted the contradictions between the eyewitness testimonies and medical evidence. As a result, the court granted the benefit of doubt to the accused, thereby accepting the appeal and releasing him from all charges. |
| Summary |
In the case of Jail Appeal No. 62-J of 2013, the Lahore High Court deliberated on the conviction of Abid Hussain for murder under section 302(b) of the Penal Code. The decision, delivered by Justice Raja Shahid Mehmood Abbasi on July 31, 2015, overturned the trial court's ruling, which had sentenced Hussain to life imprisonment. The court analyzed the evidence presented, focusing on the credibility of eyewitnesses and the medical evidence provided during the trial. The prosecution's failure to adequately prove the case beyond a reasonable doubt ultimately led to Hussain's acquittal. The court noted that the eyewitnesses' accounts were inconsistent and contradicted by medical findings, raising serious doubts about their reliability. Furthermore, the court highlighted the lack of independent corroboration for the prosecution's claims regarding motive and presence at the crime scene. This case underscores the importance of credible evidence in securing a conviction and illustrates the judicial system's commitment to ensuring that individuals are not wrongfully convicted based on unreliable testimony. The ruling serves as a reminder of the legal principle that an accused is presumed innocent until proven guilty. Keywords: Lahore High Court, murder acquittal, eyewitness reliability, criminal appeal, justice system. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
RAJA SHAHID MEHMOOD ABBASI
|
| Lawyers |
Raja Ghaneem Aabir,
Mushtaq Ahmad Mirza,
Muhammad Waqas Anwar,
Ch. Fayyaz
|
| Petitioners |
ABID HUSSAIN,
ASHFAQ AHMAD BHATTI,
BEDAR BAKHT
|
| Respondents |
THE STATE
|
| Citations |
2016 SLD 2260,
2016 YLR 1024
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
34,
382-B,
544-A
|