| Case ID |
de92057a-d95a-4795-9622-046a42bf3004 |
| Body |
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| Case Number |
Criminal Appeal No. 362-J of 2011 and Murder Refer |
| Decision Date |
Jun 22, 2016 |
| Hearing Date |
Jun 22, 2016 |
| Decision |
The appeal was allowed, and Muhammad Saleem was acquitted of the charge. The court found that the prosecution's case was not proved beyond a reasonable doubt, highlighting discrepancies in the eyewitness accounts and medical evidence. The complainant's testimony was deemed unreliable due to the significant delay in reporting the incident and contradictions regarding the circumstances of the shooting. The absence of corroborative evidence further weakened the prosecution's position, leading to the conclusion that the accused could not be connected to the crime. The court emphasized the principle of benefit of doubt, asserting that in criminal cases, if the evidence raises reasonable doubt, the accused must be acquitted. |
| Summary |
In the case concerning Muhammad Saleem's conviction for the murder of Zakir, the Lahore High Court addressed significant legal questions regarding the reliability of eyewitness testimony and the sufficiency of medical evidence in criminal proceedings. The court noted that the FIR was lodged with an unacceptable delay of over eight hours, raising doubts about the complainant's presence at the scene. Discrepancies between the eyewitness accounts and the medical examination were highlighted, particularly regarding the distance from which the fatal shots were fired. The judgment emphasized the importance of corroborative evidence in establishing guilt and the principle that the benefit of doubt must favor the accused. This case illustrates critical aspects of criminal law, including the standards for proving intent and the necessity for reliable witness testimony in securing convictions. The outcome reinforces the judicial commitment to ensuring that convictions are based on solid evidence, thereby upholding the integrity of the legal system. |
| Court |
Lahore High Court
|
| Entities Involved |
Zahoor Ahmad
|
| Judges |
ABDUL SAMI KHAN,
MISS AALIYA NEELUM
|
| Lawyers |
Dr. Muhammad Akmal Saleemi,
Mrs. Nighat Saeed Mughal,
Muhammad Ikhlaq,
Zafar Iqbal Tarhana,
Amjad Mahmood Butt
|
| Petitioners |
MUHAMMAD SALEEM
|
| Respondents |
THE STATE
|
| Citations |
2017 SLD 2519,
2017 YLR 2251
|
| Other Citations |
Ashiq Hussain v. The State PLD 1994 SC 879,
Azhar Iqbal v. State 2013 SCMR 383,
Sher Bahadur and another v. The State 1972 SCMR 651,
Arif Hussain and another v. The State 1983 SCMR 428,
Muhammad Akram v. The State 2009 SCMR 230,
Muhammad Tasaweer v. Hafiz Zulkarnain and 2 others PLD 2009 SC 53,
Mursal Kazmi alias Qamar Shah and another v. The State 2009 SCMR 1410,
Altaf Hussain v. Fakhar Hussain and another 2008 SCMR 1103
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302,
34
|