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Lahore High Court Acquits Convicted Murderer extending Benefit of Doubt due to Multiple Contradictions in the Prosecution’s Evidence

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Lahore High Court Acquits Convicted Murderer extending Benefit of Doubt due to Multiple Contradictions in the Prosecution’s Evidence

Islamabad 26-10-2024: The Lahore High Court, Multan Bench, has set aside the conviction of Fakhar Iqbal Shah, who was sentenced to life imprisonment for the murder of Qaim Ali. The Court found significant contradictions and doubts in the prosecution’s evidence, leading to the appellant’s acquittal.

In a judgment delivered by Mr. Justice Muhammad Amjad Rafiq, the Court noted that the prosecution failed to establish the case beyond a reasonable doubt, as required under criminal law. The judgment cited several issues, including discrepancies in the site plan, medical evidence, and the failure of the investigating officers to submit forensic evidence in a timely manner.

Fakhar Iqbal Shah was convicted by the Additional Sessions Judge, Khanewal, for the murder of Qaim Ali, who was shot in Chak No. 39/10-R, Kacha Khu, District Khanewal, on May 26, 2022. The prosecution claimed that the motive for the murder was the deceased’s refusal to leave his employment with the complainant, Syed Siffat-ul-Hassan Shah, despite threats from the accused.

The Trial Court convicted Fakhar Iqbal Shah under Section 302(b) of the Pakistan Penal Code (PPC) and sentenced him to life imprisonment. Two co-accused were acquitted by the trial Court, and both the appellant and the complainant filed appeals one challenging the conviction and the other seeking enhancement of the sentence.

During the appeal hearing, the Lahore High Court found multiple contradictions in the prosecution’s version of events, which raised doubts about the accuracy of the evidence.

The Court pointed out that the site plan was inconsistent with the witness accounts and the alleged firing positions. It was noted that the trajectory of the bullet was impossible from the position where the appellant was allegedly standing, casting doubt on the prosecution’s narrative.

The medical evidence presented in the case was found to be unreliable. The Court highlighted that the injury on the deceased’s head was inconsistent with the type of weapon allegedly used and the range from which it was fired. The absence of an exit wound also complicated the prosecution’s claim.

The Court criticized the delay in submitting forensic evidence, such as blood samples, to the laboratory. The three-month delay raised questions about the integrity of the evidence and the investigation process.

The defense presented a cross-version of the events, claiming that the complainant’s party had also fired during the incident. This version was partially corroborated by the investigating officer, further complicating the prosecution’s case.

The Court noted that independent witnesses, who were present at the scene, were not produced by the prosecution. This failure to produce neutral witnesses raised doubts about the credibility of the prosecution’s case.

The Court applied the principle of “benefit of the doubt” and emphasized that the prosecution is required to prove its case beyond a reasonable doubt. The Court cited multiple Supreme Court judgments to support the position that any doubt in the prosecution’s case must favor the accused. The Court concluded that the evidence presented was insufficient to sustain the conviction and acquitted Fakhar Iqbal Shah.

The judgment cited several important legal precedents, including:

Riasat Ali Vs. The State (2024 SCMR 1224), regarding contradictions between medical and ocular evidence.
Noor Muhammad Vs. The State (2010 SCMR 97) and Pathan Vs. The State (2015 SCMR 315), emphasizing the need for strong evidence to establish motive.
Maqsood Alam Vs. The State (2024 SCMR 156) and Abdul Qadeer Vs. The State (2024 SCMR 1146), reiterating the principle that any doubt in the prosecution’s case must result in the acquittal of the accused.

The Lahore High Court’s decision to acquit Fakhar Iqbal Shah highlights the importance of consistent, reliable evidence in criminal cases. The Court’s ruling reinforces the principle that the prosecution must meet the burden of proof and that any doubt must be resolved in favor of the accused. As a result, the appeal for acquittal was allowed, and the Revision Petition for sentence enhancement was dismissed.