| Citation(s) |
|---|
| 2025 SLG 4680 2025 SLD 4680 = 2014 LHC 1852 |
Lahore High Court
Criminal Appeal No. 140 of 2010
PRESENT; (James Joseph)JUDGE. (Sadaqat Ali Khan) JUDGE
Date of hearing: 23.04.2014 Appellant by: Mian Muhammad Afzal Watoo, Advocate.
Respondents by: Mr. Asghar Ali Gill, DPG and Mr. Rehan Zafar, Advocate for the complainant.
Criminal Appeal No. 140 of 2010
PRESENT; (James Joseph)JUDGE. (Sadaqat Ali Khan) JUDGE
Date of hearing: 23.04.2014 Appellant by: Mian Muhammad Afzal Watoo, Advocate.
Respondents by: Mr. Asghar Ali Gill, DPG and Mr. Rehan Zafar, Advocate for the complainant.
(Noor Ahmad
VS
. The State etc.)
Law: Code of Criminal Procedure (CrPC), 1898
Section: 302(b), 449 PPC, 544-A Cr.P.C.
Core Legal Points
| Legal Issue | Court’s View / Principle Applied |
|---|---|
| Prompt FIR | Ensures authenticity; eliminates false implication. |
| Ocular vs. Medical Evidence | Minor discrepancies immaterial; medical supports ocular account. |
| Eyewitness Credibility | Related witnesses can be relied upon if natural and consistent. |
| Blackening/Distance Argument | Depends on weapon/ammunition; no exact measurement required. |
| Recovery Evidence | Disbelieved due to lack of chain of custody and independent witnesses. |
| Motive | Not proved; cannot base capital punishment on weak motive. |
| Defence Plea | Unsupported by evidence—rejected. |
| Sentence Reduction | Death converted to life due to mitigating circumstances. |
| Benefit of Doubt in Sentence | Even proven guilt allows leniency in punishment if extenuating factors exist. |
Facts of the Case
Complainant: Mumshad Farid (PW-9)
Deceased: Mst. Shehnaz Begum, sister of the complainant (aged 20–22 years).
Accused/Appellant: Noor Ahmad