LHC sets aside death sentence, acquits man in murder case

LAHORE, Sep 23 (APP): The Lahore High Court (LHC) has set aside the death sentence awarded to one Muhammad Hassan in a murder and attempted murder case and ordered his acquittal, observing that the prosecution failed to prove the charges beyond reasonable doubt. The bench ordered for his immediate release from jail.

A two-member bench comprising Chief Justice Aalia Neelum and Justice Abher Gul Khan issued a detailed 22-page judgment on Wednesday on Hassan’s appeal, which also sets out principles regarding the assessment of evidence in criminal cases.

The case was registered in 2021 at Mandi Ahmadabad police station in Depalpur, Okara district, on charges of murder and attempted murder. After concluding the trial, the trial court sentenced Hassan to death and awarded him 10 years’ imprisonment. The death sentence was subsequently referred to the LHC for confirmation through a murder reference.

Justice Abher Gul Khan, who authored the judgment, observed that the delay in registration of the FIR and the course adopted in this regard raised doubts about consultation and deliberation after the incident.

The judgment noted serious contradictions between the statements of the injured person and the complainant. It further observed that the blood evidence collected from the crime scene did not correspond with the Punjab Forensic Science Agency’s report, creating further doubts in the prosecution’s case.

The court held that the prosecution had failed to establish Hassan’s guilt beyond reasonable doubt. It observed that under criminal law, any reasonable doubt arising from the evidence must be extended to the accused as a matter of right.

Additional Prosecutor General Muhammad Akhlaq and counsel for the complainant advanced arguments before the bench during the proceedings.