| Case ID |
e0204411-0793-4133-b706-6e1fe01ae5b5 |
| Body |
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| Case Number |
Criminal Appeal No. 267-J and Murder Reference No. |
| Decision Date |
Mar 09, 2020 |
| Hearing Date |
Mar 09, 2020 |
| Decision |
The appeal against the conviction of Muhammad Zahid was accepted, leading to his acquittal due to the prosecution's inability to prove the case beyond a reasonable doubt. The court found that the evidence presented was insufficient to establish that the deceased, Mst. Manzooran Bibi, died as a result of strangulation by the appellant. The prosecution failed to demonstrate any marks of violence or corroborative evidence linking the appellant to the crime, resulting in the conclusion that the death was not proven to be unnatural. Consequently, the death sentence previously awarded was not confirmed, and the Murder Reference was replied in the negative. |
| Summary |
In the case of Muhammad Zahid, who was accused of strangling his mother, Mst. Manzooran Bibi, the court found significant flaws in the prosecution's case. The incident occurred on the night of January 21-22, 2015, but there were no eyewitnesses to the crime. Medical evidence presented during the trial indicated a lack of typical signs associated with strangulation, such as injuries to the hyoid bone or other marks of violence on the deceased. The court emphasized the importance of proving the case beyond a reasonable doubt, highlighting that mere admissions by the accused could not substitute for concrete evidence. The decision underscores the legal principle that an accused person must be acquitted if the prosecution fails to establish its case convincingly. This ruling reflects the judiciary's commitment to upholding justice and ensuring that capital punishment is not imposed without clear and irrefutable evidence. |
| Court |
Not specified
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Sarfraz Dogar,
Justice Sadiq Mahmud Khurram,
Justice Muhammad Zahid
|
| Lawyers |
Sh. Zafar Iqbal,
Hassan Mahmood Chaudhry,
Muhammad Ismail Makki,
Ch. Asghar Ali Gill
|
| Petitioners |
Not available
|
| Respondents |
The State and Others
|
| Citations |
2020 SLD 2198,
2020 YLR 2018
|
| Other Citations |
Muhammad Ismail v. The State 2017 SCMR 713,
Waqar Ahmad v. Shaukat Ali and others 2006 SCMR 1139,
Azhar Iqbal v. The State 2013 SCMR 383
|
| Laws Involved |
Penal Code (XLV of 1860),
Pure Food Ordinance, 1960,
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
30,
43,
342
|