Legal Case Summary

Case Details
Case ID e34592e7-eceb-4086-bad2-b37faa4faec2
Body View case body.
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