| Case ID |
ec8c13cf-5e54-42bc-bfe2-e693dbed082c |
| Body |
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| Case Number |
Criminal Appeal No. 343, P.S.L.A. No. 27 and Murde |
| Decision Date |
Sep 10, 2018 |
| Hearing Date |
Sep 10, 2018 |
| Decision |
The Lahore High Court acquitted the accused, Ghulam Mustafa, from the charge of murder, extending him the benefit of doubt. The court found that the prosecution case was fraught with inconsistencies, including unreliable witness testimonies and a lack of plausible evidence. The complainant's statements were contradictory and did not establish a clear narrative of the events leading to the alleged crime. The medical evidence and site plans did not support the prosecution's claims, leading the court to determine that maintaining the conviction would pose a risk of error. The judgment concluded that the death penalty would not be confirmed, and the appeal was allowed. |
| Summary |
In the case of Ghulam Mustafa vs. The State, the Lahore High Court evaluated the prosecution's case under Section 302(b) of the Pakistan Penal Code, concerning the charge of Qatl-i-amd (murder). The incident in question involved the death of Allah Wadaya, who was alleged to have been murdered during a confrontation on July 6-7, 2012. The prosecution's narrative faced scrutiny due to inconsistencies in witness accounts and a lack of credible evidence. Key witnesses, including the complainant, presented conflicting statements regarding the circumstances of the incident, leading to questions about their reliability. Medical reports contradicted the prosecution's claims, and the court emphasized the importance of maintaining a standard of proof beyond a reasonable doubt. Ultimately, the court recognized that the evidence fell short of substantiating the charges, resulting in the acquittal of the accused and the dismissal of the appeal for the death penalty. This case highlights critical issues in criminal law, particularly the necessity for corroborated evidence and the implications of doubt in judicial proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Qazi Muhammad Amin Ahmed,
Ch. Abdul Aziz
|
| Lawyers |
Hafiz Shahid Nadeem Kahloon,
Sadiq Mehmood Khurram Malik,
Asghar Ali Gill,
Faisal, A.S.I.
|
| Petitioners |
Hafiz Shahid Nadeem Kahloon,
Sadiq Mehmood Khurram Malik
|
| Respondents |
The State and Others
|
| Citations |
2019 SLD 223,
2019 YLR 16
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302(b)
|