| Case ID |
ed2ad41b-c028-40cc-924b-9bc6702fe46b |
| Body |
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| Case Number |
Criminal Appeal No. 1730 of 2010 |
| Decision Date |
Jan 25, 2016 |
| Hearing Date |
Jan 25, 2016 |
| Decision |
The Lahore High Court dismissed the appeal against acquittal, maintaining the trial court's decision that the prosecution's case was based on insufficient evidence. The court found that there was a significant delay in reporting the murder, lack of eyewitness testimony, and that the evidence presented was largely circumstantial. The court concluded that the allegations were fabricated and that the respondents were wrongfully accused. The judgment emphasized the principle that acquittal can only be interfered with if it is found to be perverse or arbitrary, which was not the case here. |
| Summary |
The Lahore High Court, in the Criminal Appeal No. 1730 of 2010, examined the appeal filed by Muhammad Bashir Khan against the acquittal of Fazal-ur-Rehman and others in a murder case involving the death of Mst. Gul Khatoon and her daughter. The case revolved around allegations of murder stemming from a property dispute, with significant delays in filing the FIR and lack of physical evidence. The court scrutinized the prosecution's case, noting the absence of postmortem examinations and credible eyewitnesses. The decision highlighted the importance of timely reporting in criminal cases and the necessity for substantial evidence to support allegations. The appeal was dismissed, reinforcing the principle that acquittals should not be overturned without compelling reasons. The case underscores the complexities of criminal law, especially in instances where familial disputes intersect with allegations of serious crimes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID HAMEED DAR, JUSTICE,
SYED SHAHBAZ ALI RIZVI, JUSTICE
|
| Lawyers |
Malik Matee Ullah for Appellant,
Munir Ahmad Sial, Deputy Prosecutor General Punjab for the State,
Mazhar Abbas Khokhar for Respondents Nos. 2 to 5
|
| Petitioners |
MUHAMMAD BASHIR KHAN
|
| Respondents |
THE STATE,
FAZAL-UR-REHMAN,
SAEED ULLAH KHAN,
SALAH-UD-DIN KHAN,
HAMEED ULLAH KHAN
|
| Citations |
2017 SLD 602 = 2017 MLD 230
|
| Other Citations |
Alam Khan v. Swans Khan and 3 others 1996 SCMR 1742,
Inayatullah Butt v. Muhammad Javaid and 2 others PLD 2003 SC 563,
Mst. Saira Bibi v. Muhammad Asif and others 2009 SCMR 946
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
449,
34,
417(2-A)
|