| Case ID |
e34592e7-eceb-4086-bad2-b37faa4faec2 |
| Body |
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| Case Number |
Crl. Appeal No. 649 and Murder Reference No. 151 o |
| Decision Date |
Nov 03, 2015 |
| Hearing Date |
Nov 03, 2015 |
| Decision |
The Lahore High Court set aside the conviction and sentence awarded by the Trial Court, acquitting the appellant Abdul Maalik of the charges. The court found that the circumstantial evidence presented was not sufficient to sustain a capital charge and emphasized the need for a coherent chain of circumstances that exclude every hypothesis of innocence. The court ruled that the prosecution's reliance on extrajudicial confessions was misplaced and that the evidence did not meet the standards required for a conviction, particularly given the eight-month delay between the disappearance of the deceased and the formal complaint lodged by the complainant. The appeal was allowed, and the death sentence was not confirmed. |
| Summary |
This case revolves around the appeal of Abdul Maalik, who was convicted of murder based on circumstantial evidence and an extrajudicial confession. The Lahore High Court scrutinized the evidence presented by the prosecution, including the timeline of events leading to the complaint, the nature of the confessions, and the lack of direct evidence linking the appellant to the crime. The court noted the significant delay in reporting the crime, which raised doubts about the credibility of the prosecution's case. The judgment highlighted the crucial role of circumstantial evidence in capital cases, asserting that it must form a clear and convincing narrative that connects the accused to the crime. Ultimately, the court found the evidence insufficient to uphold the conviction, resulting in the acquittal of Abdul Maalik. The decision underscores the importance of due process and the presumption of innocence within the legal framework. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. MUSHTAQ AHMAD,
QAZI MUHAMMAD AMIN AHMED,
ABDUL MAALIK
|
| Lawyers |
Sardar Usman Khosa,
Ms. Sabiha Ali Chughtai,
Humayyun Aslam,
Malik Muhammad Saleem
|
| Petitioners |
Abdul Maalik
|
| Respondents |
THE STATE
|
| Citations |
2016 SLD 2283,
2016 YLR 1123
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
364,
201
|