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The Principle of Res Gestae; Lack of Spontaneous Reporting resulted in Acquittal of Convict --- Lahore High Court, Lahore

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The Principle of Res Gestae; Lack of Spontaneous Reporting resulted in Acquittal of Convict --- Lahore High Court, Lahore

Islamabad, 18-11-2024: In a significant ruling, the Lahore High Court’s Rawalpindi Bench overturned the conviction of Muhammad Sibtain in [Criminal Appeal No. 564 of 2018] for the murder of Arshad Mehmood. The Court, presided over by Mr. Justice Ch. Abdul Aziz, acquitted the appellant, citing failure of the prosecution to prove the case beyond a reasonable doubt, reliance on dubious evidence, and procedural irregularities.

The case originated from an incident on March 31, 2016, when Arshad Mehmood was fatally attacked at his home in Talagang, Chakwal. The prosecution alleged that the appellant, Muhammad Sibtain, conspired with the deceased’s wife, Mst. Fazilat Bibi, to commit the murder due to an illicit relationship. A life sentence was handed to Sibtain by the trial Court under Section 302(b) of the Pakistan Penal Code, while Fazilat Bibi was acquitted.

The Court highlighted a 12-hour delay in lodging the FIR, which was not satisfactorily explained by the prosecution. Mr. Justice Ch. Abdul Aziz noted that such delays undermine the credibility of the prosecution’s narrative and open avenues for fabrication.

The two main prosecution witnesses, who claimed to have seen the appellant fleeing the crime scene, were found unreliable. The Court observed that these witnesses were disbelieved in relation to co-accused Fazilat Bibi’s acquittal and could not be trusted without independent corroboration.

The Court dismissed the prosecution’s reliance on the principle of res gestae due to delays and lack of spontaneous reporting. Mr. Justice Ch. Abdul Aziz emphasized that res gestae evidence must be contemporaneous and closely connected to the occurrence.

A hatchet allegedly used in the crime was recovered, but the absence of DNA analysis linking it to the deceased weakened its evidentiary value. Similarly, the timeline for the recovery of intoxicating tablets was found inconsistent and unreliable.

The prosecution failed to establish a credible light source at the crime scene for identifying the accused in a nighttime incident. Mr. Justice Ch. Abdul Aziz emphasized the long-established rule requiring proof of light in such cases.

The Court reiterated the principle that conviction must be based on unimpeachable evidence and any doubt must benefit the accused. Mr. Justice Ch. Abdul Aziz noted, “It is better that ten guilty persons be acquitted rather than one innocent person be convicted.” The benefit of the doubt, procedural flaws, and weak evidence led to the acquittal of Muhammad Sibtain.

The judgment referenced several landmark cases, including:

Ayub Masih Vs. The State (PLD 2002 SC 1048)
Mst. Asia Bibi Vs. The State (PLD 2019 SC 64)
Altaf Hussain Vs. The State (2019 SCMR 274)
Zaka Ullah Vs. The State (2021 PCr.LJ 1)

This judgment underscores the importance of adhering to procedural rigor, credible evidence, and the principle of benefit of doubt in criminal cases. It serves as a reminder that procedural flaws and unreliable testimonies can lead to acquittal, even in serious cases like murder.

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