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ABDUL HAFEEZ vs State S — 2022 YLRN 161 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLRN 161 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
ABDUL HAFEEZ vs State S
Subject matter
Criminal
Provisions referred to
S. 302

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL HAFEEZ VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence--- Benefit of doubt---Circumstantial evidence--- Scope---Accused was charged for committing murder of the deceased in a room of restaurant---In the present case, first link in the chain of circumstantial evidence was the testimonies of owner of the restaurant and servant of the restaurant from where the dead body of the deceased was recovered and the room was allegedly hired by the accused---In the complaint it was well mentioned that the person, who hired the room from where the dead body of the deceased was recovered, had been booked by a person---Defence emphatically argued that the name of her client was of another person and he had no nexus with said person who booked the room and even the number of I.D. card mentioned in the record did not relate to the accused---When confronted with that situation, prosecution submitted that the accused, in order to defraud restaurant owner, while affixing his picture upon the CNIC of some other person, booked the room in the restaurant---Said submission of the prosecution did not find support from even a single piece of evidence---Even, the copy of CNIC which was submitted at the time of hiring the room had not been made part of the evidence in the shape of exhibit or mark, in the absence whereof, no adverse inference qua the non-involvement of accused in hiring the room could be drawn---Admittedly, the accused was not known to both the said witnesses, therefore, after nomination of the accused by brother of the deceased, it was incumbent upon the Investigating Officer to make effort for his test identification parade---First link, in case of proper identification of the appellant by the persons from whom he hired the room, in which the dead body of deceased was lying, was patently missing---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

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