Lahore High Court Overturns Convictions in High-Profile Double Homicide Case
Islamabad 20-06-2024: In a significant ruling, the Lahore High Court has acquitted Muhammad Umer and Muhammad Asim, who were previously sentenced to life imprisonment for the murders of Kanwal Javaid and her daughter Tayyaba. The judgment, delivered by Mr. Justice Muhammad Amjad Rafiq in cases [Criminal Appeal No.58520-J of 2020 and Criminal Revision No. 49773 of 2020] highlighted critical procedural flaws and insufficient evidence presented by the prosecution.
The case stemmed from an incident that occurred on April 22, 2014, when Kanwal Javaid and her daughter were found murdered in their home in Johar Town, Lahore. The appellants were arrested and charged based on circumstantial evidence, including DNA and fingerprint matches, and witness testimonies.
The prosecution relied heavily on circumstantial evidence. The court emphasized that such evidence must form an unbroken chain linking the accused to the crime. However, significant gaps and inconsistencies were found. The court scrutinized the forensic evidence, noting procedural lapses in the collection, preservation, and handling of DNA and fingerprint samples. The direct involvement of forensic experts in handling the evidence raised questions about the integrity of the process. The reliability of the witness testimonies was questioned due to inconsistencies and lack of corroborative evidence. The identification parade was also deemed deficient. The process of identifying and verifying the stolen articles allegedly recovered from the appellants was found to be flawed and not conducted according to legal standards. The judgment highlighted the need for strict adherence to legal protocols in criminal investigations, particularly in cases relying on circumstantial evidence.
The Court concluded that the prosecution failed to establish the guilt of the appellants beyond reasonable doubt. Consequently, Muhammad Umer and Muhammad Asim were acquitted and ordered to be released immediately, while the criminal revision for enhancement of their sentences was dismissed as infructuous. This ruling underscores the critical importance of procedural integrity and comprehensive evidence in criminal prosecutions, setting a precedent for future cases involving circumstantial evidence.
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