| Case ID |
d859c8a6-e4d1-4520-9612-8cdd9abc68f1 |
| Body |
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| Case Number |
Criminal Appeal No. 679 of 2003 |
| Decision Date |
May 10, 2004 |
| Hearing Date |
May 10, 2004 |
| Decision |
The Lahore High Court accepted the appeal filed by Sana Ullah, the appellant, and set aside the conviction and sentence recorded against him by the learned trial court. The court found that the prosecution failed to prove its case beyond a reasonable doubt, particularly noting the lack of corroboration from independent witnesses and the ineffective firing attributed to the appellant. The judgment highlighted that the main accused, Sher Khan, was still at large and had not been apprehended, which raised questions about the motive and the prosecution's case. The court extended the benefit of doubt to the appellant, leading to his acquittal. The appeal was accepted, and the complainant's revision for enhancement of the sentence was dismissed. |
| Summary |
In the case of Criminal Appeal No. 679 of 2003, the Lahore High Court addressed issues surrounding the conviction of Sana Ullah under the Pakistan Penal Code. The court analyzed the circumstances of the case, including the alleged common intention among the accused and the effectiveness of the evidence presented. The judgment emphasized the importance of quality over quantity in evidence, noting that the eyewitnesses were related to the deceased and lacked independent corroboration. The court's decision to acquit the appellant was based on significant doubts regarding the prosecution's claims, as well as the absence of key evidence, such as crime scene recoveries. This case highlights critical aspects of criminal law and the standards required for conviction, reinforcing the principle that the burden of proof lies with the prosecution. Legal professionals and scholars may find the case particularly relevant in discussions about eyewitness reliability and the implications of familial relationships on testimony. The decision underscores the necessity for thorough investigations and the importance of presenting a robust case to ensure justice is served. Keywords include Lahore High Court, Pakistan Penal Code, criminal appeal, acquittal, eyewitness testimony, and legal standards. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
kh. muhammad sharif, J.
|
| Lawyers |
Mr. M.A. Zafar,
Mr. Younas Rana,
Syed Imadad Hussain Hamdani
|
| Petitioners |
SANAULLAH
|
| Respondents |
STATE
|
| Citations |
2004 SLD 3989,
2004 PLJ 762
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302(b),
34
|