| Case ID |
df620f79-d68f-4660-9f6c-d60d48821d0e |
| Body |
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| Case Number |
Criminal Appeal No. 224 and Criminal Revision No. |
| Decision Date |
Jun 19, 2019 |
| Hearing Date |
Jun 19, 2019 |
| Decision |
The appeal was allowed, and the accused was acquitted by setting aside the convictions and sentences recorded by the Trial Court, as the prosecution failed to prove the charge against the accused beyond a shadow of doubt. The judgment highlighted the significant discrepancies in the testimonies and evidence presented, including the inconsistencies in the time and place of the occurrence, leading to the conclusion that the prosecution's case was not credible. The decision emphasizes the importance of establishing a solid foundation in criminal cases, as the burden of proof lies with the prosecution. |
| Summary |
This case revolves around the acquittal of Ahmad Khan, who was charged under Section 302(b) of the Penal Code for the murder of Muhammad Rafique. The Lahore High Court, Bahawalpur Bench, presided over by Justice Farooq Haider, heard the appeal. The prosecution's case was riddled with inconsistencies, notably regarding the time and place of the alleged crime. Key witnesses were deemed unreliable, and the court emphasized that the prosecution failed to establish the charges beyond a reasonable doubt. The judgment underscored the legal principle that the burden of proof rests on the prosecution, which must present credible evidence to secure a conviction. The case serves as a significant reference for future criminal proceedings, particularly regarding the necessity for precise and corroborated witness testimonies and evidence. Keywords related to this case include 'criminal law', 'murder acquittal', 'evidence evaluation', 'judicial decision', and 'burden of proof'. |
| Court |
Lahore High Court, Bahawalpur Bench
|
| Entities Involved |
Not available
|
| Judges |
FAROOQ HAIDER, J
|
| Lawyers |
Syed Asif Ali Bukhari,
Khalid Parvez Uppal,
Mirza Muhammad Azam
|
| Petitioners |
AHMAD KHAN
|
| Respondents |
The STATE and others
|
| Citations |
2022 SLD 3174,
2022 YLR 2086
|
| Other Citations |
Mst. Shazia Parveen v. The State 2014 SCMR 1197,
Muhammad Rafique v. The State 2104 SCMR 1698,
Mst. Sughra Begum and another v. Qaiser Pervez and others 2015 SCMR 1142,
Sajjan Solangi v. The State 2019 SCMR 872,
Muhammad Saddique v. The State 2018 SCMR 71,
Imtiaz alias Taj v. The State and others 2018 SCMR 344
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|