| Case ID |
ecea600a-c121-4bd8-9452-0ea359f2c2b4 |
| Body |
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| Case Number |
Criminal Appeal No. 374-J and Murder Reference No. |
| Decision Date |
Jun 12, 2013 |
| Hearing Date |
Jun 12, 2013 |
| Decision |
The Lahore High Court acquitted Muhammad Rafique of the charge of murder, reversing the earlier conviction and sentence awarded by the Trial Court. The court found the prosecution case to be doubtful, primarily based on circumstantial evidence, which included the evidence of abscondance, extra-judicial confession, and the lack of direct evidence. The court emphasized that the benefit of doubt must be extended to the accused as a matter of right, not grace. The judgment reflects the principle that the prosecution must prove its case beyond reasonable doubt, and any uncertainty must favor the accused. |
| Summary |
In the case of Muhammad Rafique, the Lahore High Court ruled on the appeal against a conviction for murder under section 302(b) of the Penal Code. The court reviewed evidence that included circumstantial elements such as the absence of direct witnesses, delayed testimonies, and the questionable value of extra-judicial confessions. The court noted that the prosecution's reliance on medical evidence and recoveries from the crime scene was insufficient to establish guilt beyond a reasonable doubt. The court ultimately found that the evidence presented was not compelling enough to uphold the conviction, leading to an acquittal based on the principle of benefit of doubt. This case highlights the importance of reliable evidence in criminal proceedings and reinforces the legal standard that the burden of proof lies with the prosecution, which must eliminate all reasonable doubts regarding the accused's guilt. |
| Court |
Lahore High Court
|
| Entities Involved |
Muhammad Rafique,
Mirza Abid Majeed,
Muhammad Shahzad,
Ghulam Yaseen,
Mrs. Bushra Qamar,
Naseer Ahmed Jaura
|
| Judges |
MANZOOR AHMAD MALIK,
MALIK SHAHZAD AHMAD KHAN
|
| Lawyers |
Mrs. Bushra Qamar,
Mirza Abid Majeed,
Naseer Ahmed Jaura
|
| Petitioners |
Muhammad Rafique
|
| Respondents |
The STATE
|
| Citations |
2014 SLD 2336,
2014 YLR 865
|
| Other Citations |
Sajid Mumtaz and others v. Basharat and others 2006 SCMR 231,
Tahir Javed v. The State 2009 SCMR 166,
Ayub Masih v. The State PLD 2002 SC 1048
|
| Laws Involved |
Penal Code (XLV of 1860),
Code of Criminal Procedure
|
| Sections |
302(b),
374,
87,
512,
340(2)
|