No Conviction can stand without Credible, Independent, and legally Admissible Evidence --- Lahore High Court, Lahore Acquits Murder Convict 

Islamabad 27-02-2025: In a significant ruling, the Lahore High Court (LHC) acquitted acccused, who was previously sentenced to death by a Sessions Court in a murder case registered under FIR No. 555/2018 at Police Station Civil Lines, Mandi Bahauddin. The decision came in [Criminal Appeal No. 27259-J of 2021], filed by the convict, challenging his conviction.  

The trial Court had convicted accused under Section 302(b) of the Pakistan Penal Code (PPC), sentencing him to death along with a compensation payment of Rs. 300,000 to the legal heirs of the deceased. However, his co-accused were acquitted due to a lack of evidence. The Lahore High Court bench, comprising Mr. Justice Shehram Sarwar and Mr. Justice Sardar Akbar Ali, overturned the conviction, citing serious doubts in the prosecution’s case and lack of concrete evidence.  

The Court extensively reviewed the evidence and concluded that the prosecution failed to establish guilt beyond a reasonable doubt. Key observations included:  

1. The FIR was lodged with an unexplained delay of over three hours, and the postmortem was conducted 12-18 hours after the incident, raising doubts about the authenticity of the prosecution’s version. 
2. The eyewitnesses were close relatives of the deceased, and their testimony was riddled with contradictions and inconsistencies, making their presence at the crime scene doubtful.    
3. The injuries described by witnesses did not match the medical report, further weakening the prosecution’s case.    
4. The prosecution failed to produce neutral witnesses or the owner of the premises where the crime allegedly occurred, raising suspicion of fabrication and false implication.    
5. The firearm recovered from the accused did not match the crime scene evidence, rendering the recovery meaningless. 
6. The alleged motive for the murder was not supported by any independent evidence.   

The Lahore High Court emphasized the principle of fair trial enshrined in Article 10-A of the Constitution, reiterating that the burden of proof lies on the prosecution and that any doubt must be resolved in favor of the accused. The bench referred to several Supreme Court judgments reinforcing that mere suspicion or weak circumstantial evidence cannot substitute for concrete proof of guilt.  

The Court accepted the appeal, set aside the conviction and death sentence, and ordered the immediate release of accused, unless required in any other case. Additionally, the Murder Reference No. 73 of 2021, filed for confirmation of the death penalty, was answered in the negative.

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