| Case ID |
f7fa83bb-ff32-4c33-a380-528ae803b228 |
| Body |
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| Case Number |
Crl. Appeal Nos. 833 of 2016, 118 of 2017 and M.R. |
| Decision Date |
Apr 24, 2018 |
| Hearing Date |
Apr 24, 2018 |
| Decision |
The Lahore High Court acquitted the appellants, Javed alias Maula and Riaz Hussain, from the charges against them. The court found that the prosecution's case was fraught with doubts, contradictions, and improbabilities. The identification of the accused was questionable due to the absence of a test identification parade and the lack of forensic evidence linking the weapons recovered to the crime. The court emphasized that the prosecution failed to establish its case beyond a reasonable doubt, leading to the allowance of the appeals and the acquittal of the appellants. The death sentence was not confirmed. |
| Summary |
In the Lahore High Court case regarding the murder of Farzana Bibi, the prosecution's evidence was critically analyzed. The court noted that the incident occurred at night, with three masked assailants, making identification impossible. The medical examination revealed the cause of death, yet the lack of forensic evidence and discrepancies in witness accounts raised significant doubts about the prosecution's claims. The appellants were acquitted due to the prosecution's failure to prove their guilt beyond a reasonable doubt. This case highlights the importance of thorough investigation and the necessity of corroborating evidence in criminal proceedings, particularly in serious offenses like murder. The court's decision underscores the principle that the burden of proof lies with the prosecution, and any reasonable doubt must benefit the accused. This case serves as a vital reference for legal practitioners dealing with similar issues of evidence and identification in criminal law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
QAZI MUHAMMAD AMIN AHMED,
CH. MUSHTAQ AHMAD
|
| Lawyers |
Kh. Qaisar Butt,
Pirzada Niaz Mustafa Qureshi,
Ajmal Kanju,
Muhammad Yousaf Zubair,
Malik Nazar Hussain Ponta,
Mr. Iftikhar-ul-Haq
|
| Petitioners |
OTHERS,
JAVED ALIAS MAULA
|
| Respondents |
STATE,
OTHERS
|
| Citations |
2018 SLD 2805,
2018 PLJ 744
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302
|