| Case ID |
ffc551b8-7c60-465b-b835-0b90aa99f8de |
| Body |
View case body. Login to View |
| Case Number |
Crl. A. Nos. 57199, 57200, 57201 & 57203 of 2019 |
| Decision Date |
Dec 22, 2021 |
| Hearing Date |
Dec 22, 2021 |
| Decision |
The Lahore High Court allowed the criminal appeals filed by the appellants, Muhammad Rizwan, Atif Sharif, Naveed Javed, and Syed Muhammad Mukarram, acquitting them of the charges. The court provided the benefit of doubt in favor of the appellants, setting aside their convictions and sentences imposed by the Anti-Terrorism Court-II, Lahore. The appellants were ordered to be released forthwith if not required to be detained in any other criminal case. The decision highlighted the lack of sufficient proof and procedural errors, such as the improper handling of 164 Cr.P.C. statements and the delay in reporting the crime, which weakened the prosecution's case. |
| Summary |
In a landmark case at the Lahore High Court, the appellants, Muhammad Rizwan, Atif Sharif, Naveed Javed, and Syed Muhammad Mukarram, were acquitted of charges under Sections 365-A of the Pakistan Penal Code and Section 7(e) of the Anti-Terrorism Act, 1997. The prosecution's case, primarily based on the allegations of abduction and extortion involving the complainant's wife and adopted son, fell apart due to the lack of credible evidence and procedural errors. The court criticized the prosecution for delays in reporting the crime and improper reliance on a 164 Cr.P.C. statement without the required cross-examination. The judgment also addressed issues related to the publication of judicial decisions under the Law Reports Act, 1875, emphasizing the need for approval before reporting. The appellants were ordered to be released, and the decision underscored the importance of procedural fairness and the presumption of innocence, resonating with ongoing discussions on judicial reform and legal transparency in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
FIA,
ANF,
HBFC Society,
HBL
|
| Judges |
Ch. Abdul Aziz,
Muhammad Amjad Rafiq
|
| Lawyers |
Babar Waheed,
Rana Zulfiqar Ali,
Mehar Muhammad Iqbal,
Zafar Pervaiz,
Ch. Jawad Mehmood,
Mr. Hamayun Aslam
|
| Petitioners |
Muhammad Rizwan,
Atif Sharif,
Naveed Javed,
Syed Muhammad Mukarram
|
| Respondents |
another,
STATE
|
| Citations |
2023 SLD 6879,
2023 PLJ 1028
|
| Other Citations |
2017 SCMR 1835,
1999 SCMR 2690,
PLJ 2011 SC 191,
PLD 1970 Lahore 845,
1985 PCr.LJ 829,
PLD 1982 Karachi 975,
PLD 2020 Supreme Court 201,
2010 SCMR 1009,
1999 SCMR 697,
2014 SCMR 7,
2017 SCMR 148,
2018 YLR 2535,
2018 YLR 1181,
2010 PCr.LJ 852
|
| Laws Involved |
Pakistan Penal Code, 1860,
Anti Terrorism Act, 1997,
Law Reports Act, 1875
|
| Sections |
365-A,
7(e),
6,
7
|