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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---Identification of accused---Scope---Accused was charged for committing murder of the deceased in a room of restaurant---Allegedly, both the witnesses identified the accused as real culprit while recording their testimonies before the Court---Said fact was not the spirit of law---After formal arrest of the accused, he was continuously appearing before the Trial Court, as such he was fully exposed to the said witnesses to be a person being charged for the murder of deceased, therefore at said belated stage recognition of the accused by the witnesses did not serve the purpose having no beneficial purpose for the prosecution, as such that piece of evidence could not be made basis for conviction and sentence of the accused---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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