| Case ID |
d69673c7-bdf8-4313-8156-eeaf4796fe9d |
| Body |
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| Case Number |
Cr.A. No. 580 of 2012 and Murder Reference No. 151 |
| Decision Date |
Mar 16, 2017 |
| Hearing Date |
Mar 16, 2017 |
| Decision |
The appellant, Adnan, was acquitted of the charges against him after a thorough examination of the evidence. The prosecution's case was primarily based on the identification of the appellant by witnesses, which was found to be unreliable due to procedural flaws in the identification parade and inconsistencies in witness testimonies. The court emphasized that mere abscondance is not sufficient for conviction. The evidence presented did not meet the burden of proof required to sustain the conviction, leading to the decision to set aside the trial court's conviction and sentence. |
| Summary |
In the case of Cr.A. No. 580 of 2012 and Murder Reference No. 151 of 2012, the Lahore High Court addressed the appeal of Adnan, who was convicted of murder and sentenced to death. The court scrutinized the evidence, particularly the identification process and witness statements, finding significant doubts regarding the reliability of the prosecution's case. The court highlighted that the identification parade was not conducted in accordance with legal standards, leading to the conclusion that the evidence against Adnan was insufficient to uphold the conviction. As a result, the court acquitted Adnan, emphasizing the importance of credible evidence in criminal proceedings. This case underscores key legal principles regarding identification and the burden of proof in murder trials. Keywords such as 'criminal law', 'identification parade', 'murder acquittal', and 'Lahore High Court' are relevant for understanding the implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SAYYED MAZAHAR ALI AKBAR NAQVI,
CH. ABDUL AZIZ
|
| Lawyers |
Qamar Sajjad Chaudhry,
Javaid Iqbal Saif,
Ch. Liaquat Ali Sandhu,
Mian Muhammad Awais Mazhar
|
| Petitioners |
Adnan son of Baboo Fayyaz
|
| Respondents |
THE STATE AND OTHERS
|
| Citations |
2018 SLD 174 = 2018 MLD 43
|
| Other Citations |
Ahmad Nawaz and others v. The State and others 2016 PCr.LJ 1267,
Muhammad Ilyas v. Muhammad Abid alias Billa and others 2017 SCMR 54,
Shafqat Mehmood and others v. State 2011 SCMR 537,
Mehmood Ahmed and 3 others v. The State 1995 SCMR 127,
Muhammad Fayyaz v. The State 2012 SCMR 522,
Azhar Mehmood and others v. The State 2017 SCMR 135
|
| Laws Involved |
Penal Code (XLV of 1860),
Police Rules, 1934,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
302,
109,
34,
Ch. 25, R.35,
Art. 22
|