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2016 SCMR 2081

MUHAMMAD AKRAM vs The STATE and others

Petitioner: MUHAMMAD AKRAM VS Respondent: The STATE and others

Court: Supreme Court of Pakistan Decision Date: 2016-01-14

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Asif Saeed Khan Khosa, Sardar Tariq Masood, Iqbal Hameed-ur-Rehman Title: MUHAMMAD AKRAM vs The STATE and others Case No.: Criminal Petition No,583-L of 2013 Date of Judgment:2016-01-14 Reported As: 2016 SCMR 2081 Result: Petition dismissed

Judgment ORDER ASIF SAEED KHAN KHOSA, J.---After hearing the learned counsel for the petitioner and going through the record of the case with his assistance we have noticed that the eye-witnesses produced by the prosecution were chance witnesses who had failed to establish the stated reason for their presence at the place of occurrence. The post-mortem examination of the dead body of the deceased had been conducted with a noticeable delay. The medical evidence had contradicted the ocular account. The motive set up by the prosecution had remained far from being established. The report received from the Forensic Science Laboratory was in the negative. In view of the above mentioned factors the High Court had concluded that the, prosecution had failed to prove its case against respondent No,2 beyond reasonable doubt and we have not been able to take any legitimate exception to the said conclusion reached by the High Court. This petition is, therefore, dismissed and leave to appeal is refused.

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