Insufficient Evidence and Major Contradictions in the Prosecution’s Case --- Lahore High Court acquitted convict in Death Sentence Case

Islamabad 09-12-2024: In a significant judgment, the Lahore High Court, Rawalpindi Bench, has overturned the death sentence of Khawaja Muhammad Tayyab, accused of murdering Mehmood Asghar in 2022. The judgment, delivered by a division bench comprising Mr. Justice Sadaqat Ali Khan and Mr. Justice Mirza Viqas Rauf, acquitted the accused due to insufficient evidence and major contradictions in the prosecution’s case.

The accused, Khawaja Muhammad Tayyab, was convicted by the trial Court for the alleged murder of Mehmood Asghar under Section 302(b) of the Pakistan Penal Code (PPC). The incident occurred on July 6, 2022, following a dispute where the accused was accused of teasing the deceased’s teenage daughter. The complainant, Samina Mehmood, claimed she witnessed the shooting alongside other eyewitnesses, leading to the trial Court awarding a death sentence and imposing a compensation of Rs. 300,000 under Section 544-A of the Code of Criminal Procedure (Cr.P.C.).

After reviewing the evidence and testimonies, the Lahore High Court identified several critical shortcomings in the prosecution’s case:  

1. Eyewitnesses presented conflicting statements regarding the time and location of their testimonies and the details of the occurrence.   
2. The complainant failed to justify her and the witnesses’ presence at the crime scene at 12:30 a.m., raising doubts about their credibility.
3. Recovery evidence, including the alleged murder weapon, was not corroborated by witnesses, rendering it unreliable.  
4. No independent witnesses from the vicinity of the crime scene were presented, despite the proximity of houses to the incident.
5. The First Information Report (FIR) was purportedly lodged promptly, but evidence suggested it was recorded later at a hospital after deliberation, undermining its authenticity.
6. The motive, involving allegations of harassment by the accused, was not mentioned in the FIR and emerged later during the trial, reducing its evidentiary value.
7. The Court concluded that the crime was an unseen occurrence due to the absence of reliable eyewitness accounts and lack of corroborative evidence.

Citing the principle of giving the benefit of doubt, the Court acquitted the accused, stating that any reasonable doubt about the guilt of an accused must result in acquittal. The death sentence awarded by the trial Court was overturned, and the murder reference was answered in the negative.

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