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Lahore High Court acquitted Accused Person in a Murder Case due to Delay in FIR, Contradictory Witness Statements, and Lack of Forensic Evidence

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Lahore High Court acquitted Accused Person in a Murder Case due to Delay in FIR, Contradictory Witness Statements, and Lack of Forensic Evidence

Islamabad 06-03-2025: In a significant ruling, the Lahore High Court (LHC) has acquitted accused, who was earlier sentenced to 14 years rigorous imprisonment by the trial Court in a murder case. The Court found serious lapses in police investigation, contradictions in witness statements, and lack of forensic evidence, ultimately concluding that the prosecution failed to establish the case beyond a reasonable doubt.

The case originated from FIR No. 1030/2020, registered at Police Station Saddar, District Kasur on December 8, 2020. The complainant, indicted accused persons of attacking his nephew, leading to his death after six days of hospitalization. The Additional Sessions Judge, Kasur, convicted accused under Section 302(b) PPC and sentenced him to 14 years imprisonment along with a fine of Rs. 300,000.

However, the Lahore High Court set aside the conviction and ordered his immediate release:

The Court noted that the FIR was lodged after an eight-day delay, despite the police being present at the scene on the day of the incident. The lack of immediate action cast doubts on the prosecution’s case. Case law references, including Arshad Ali Vs. The State (2023 SCMR 14), were cited to support this conclusion.
The testimonies of (PW-1) and (PW-2) were inconsistent. Key contradictions included the sequence of events, the role of the accused, and police involvement. The Court ruled that inconsistent testimonies weaken the prosecution’s case, citing Muhammad Ashraf Vs. The State (2022 SCMR 1531).
The prosecution failed to present forensic evidence, including the blood-stained brick allegedly used in the attack. Additionally, the injured witnesses were not medically examined or produced in Court. This lack of corroborative evidence further weakened the prosecution’s case. The Court relied on Muhammad Arshad Vs. The State (2018 SCMR 295) to emphasize the importance of forensic proof.
The trial Court had acquitted four other co-accused due to insufficient evidence. The complainant challenged their acquittal, but the Lahore High Court upheld it, stating that once an accused is acquitted, a double presumption of innocence applies. The ruling referenced Muhammad Mansha Kausar Vs. Muhammad Ashgar (2003 SCMR 477).

After evaluating all aspects, Ms. Justice Aalia Neelum of the Lahore High Court ruled in favor of accused person, acquitting him of all charges. The Revision Petition for sentence enhancement [Crl. Rev. No. 27876 of 2022] and the appeal against acquittal [Crl. Appeal No. 27874 of 2022] were also dismissed.

This judgment reaffirms the importance of timely FIR registration, consistent witness testimonies, and the need for strong forensic evidence in criminal trials. It also highlights that Courts must apply the “benefit of the doubt” principle liberally in favor of the accused, as established in Tariq Pervez Vs. The State (1995 SCMR 1345).

The ruling has sparked discussions among legal experts regarding investigative flaws in high-profile Criminal Cases. With the acquittal of accused person, the case underscores the judiciary’s commitment to ensuring that no conviction is made without concrete and irrefutable evidence.