Lahore High Court Acquits Two Convicts due to Procedural Defects and Multiple Evidence Contradiction 

Islamabad 14-03-2025: In a landmark ruling, the Lahore High Court has acquitted two accused persons, previously convicted of murder, citing serious doubts regarding the prosecution’s case, delays in FIR registration, contradictions in witness statements, and failure to prove guilt beyond a reasonable doubt.  

The case pertained to the murder of three individuals two deceased on May 5, 2013, in Faisalabad. An FIR No. 276/2013 was registered under Sections 302, 148, and 149 of the Pakistan Penal Code (PPC) at Police Station Chak Jhumra. The Appellants were convicted by a trial Court in 2020 and sentenced to life imprisonment along with a fine of Rs. 500,000 each.  

The division bench, headed by Ms. Chief Justice Aalia Neelum, overturned the conviction after examining key inconsistencies in the prosecution’s case.   

1. The FIR was filed 1 hour and 15 minutes after the incident, which raised suspicions of witness fabrication.  
2. Postmortem of the victims was delayed by 15-17 hours, which the Court noted as a serious lapse in the investigation.   
3. The injuries mentioned in the FIR did not match the postmortem reports, undermining the prosecution’s claims.  
4. Key witness (PW-16) turned hostile, and another witness, (PW-5), contradicted his own testimony.   
5. While the accused were declared absconders, the Court reaffirmed the principle that absconding alone does not establish guilt.   
6. The six co-accused were already acquitted, and the same evidence was used against the appellants, raising questions about the fairness of their conviction.  
7. The prosecution did not challenge the co-accused’s acquittal, leading the Court to apply the principle of consistency in acquitting the Appellants.  

The Court referred to Supreme Court rulings to reinforce its findings:  

1. Irshad Ahmed Vs. The State (2011 SCMR 1193): Delayed postmortem reports can indicate witness fabrication.  
2. Rasool Muhammad Vs. Asal Muhammad (PLJ 1995 SC 477): Mere absconding cannot be treated as proof of guilt.  

The Lahore High Court set aside the conviction and ordered the immediate release of both accused person, unless required in another case.

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