| Case ID |
ffbc3525-d541-43b6-a4ff-680e2e6c2e98 |
| Body |
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| Case Number |
Criminal Appeal No. 659 of 1953 |
| Decision Date |
May 14, 1954 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the appeal against Zahid Hussain's conviction for the murder of Bashir Ahmad, affirming that the evidence presented, including circumstantial evidence and an extra-judicial confession, sufficiently established his guilt. The court noted that the public prosecutor's attempt to withdraw the case was ineffective without the judge's consent, and the mere absence of a motive does not absolve the accused of responsibility. The decision reinforced the principle that circumstantial evidence must be incompatible with any reasonable hypothesis other than the guilt of the accused. |
| Summary |
In the case of Zahid Hussain vs. The Crown, the Lahore High Court examined the circumstances surrounding the murder of Bashir Ahmad, who was fatally stabbed on August 14, 1950. The case was built on circumstantial evidence as there were no eyewitnesses. The prosecution relied heavily on an extra-judicial confession made by the appellant two years after the incident and witness identifications. The court ruled that the confession, despite being retracted, was corroborated by witness identifications and other circumstantial evidence. The court clarified that motive is not a necessary element for conviction, emphasizing that the prosecution's failure to establish motive does not negate the guilt of the accused. Ultimately, the court upheld the conviction, affirming the legal principles regarding the weight of circumstantial evidence and the validity of confessions in criminal cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHABIR AHMAD,
ABDUL AZIZ KHAN
|
| Lawyers |
F. M. Anwari,
S. A. Mahmud
|
| Petitioners |
ZAHID HUSSAIN
|
| Respondents |
THE CROWN
|
| Citations |
1954 SLD 16 = 1954 PLD 710
|
| Other Citations |
Abdul Latif v. Crown P L D 1952 F C 113,
Nawab Din v. Crown P L D 1952 Lah. 345=Pak. L R 1952 Lah. 355,
Qutba v. Crown Cr. A. No. 38 of 1953=P L D 1954 F C 197
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
494
|