Death Penalty Overturned: Court Finds Chance Witness Accounts Unreliable 

The Lahore High Court has overturned the death sentence awarded to our client in a murder case registered under Section 302(b) PPC at Police Station Saddar Gojra, District Toba Tek Singh. The High Court set aside the conviction and sentence passed by the Additional Sessions Judge, Gojra, dated January 24, 2022, and acquitted the appellant of all charges.

The prosecution’s case largely relied on eyewitness testimonies of chance witnesses and circumstantial evidence, including a delayed First Information Report (FIR), forensic reports regarding the weapon, and an asserted motive of revenge. The trial court had convicted the appellant while acquitting co-accused persons on the same facts and evidence, raising questions on the strength of the prosecution’s case.

On appeal, the defence challenged the evidentiary foundation, highlighting procedural deficiencies, delayed FIR registration, contradictions, and dishonest improvements in witness statements, the absence of crucial corroborative evidence, such as the alleged motorcycle at the scene, forensic reports exonerating the recovered weapon, and a lack of independent proof of motive. Additionally, the prosecution’s case on the alleged abscondence of the appellant was found legally defective due to irregularities in the arrest warrant and proclamation issuance.

The High Court, in its judgment carefully analyzed the evidence. It held that the delayed and manipulated FIR eroded the prosecution’s credibility as the foundational document, the witnesses were “chance witnesses” without convincing reasons for their presence at the crime scene, and the medical and forensic evidence did not link the appellant to the crime. The court further emphasized the principle that even a single inconsistency or dent in the prosecution’s case must result in acquittal to prevent miscarriage of justice, especially in capital punishment cases.

Accordingly, the Court allowed the Criminal Appeal, set aside the conviction and sentence, acquitted our client, and ordered his release forthwith. The death sentence was not confirmed, and the related Murder Reference was answered in the negative.

Barrister Haider Ali Najafi from our chambers represented the appellant successfully in this landmark appeal which you can see below.