| Citation(s) |
|---|
| 2026 SLD 157 = 2026 SLG 157 = 2026 LHC 17 , 2026 PLJ 290 |
Criminal Appeal No.69766/2022, Criminal Appeal No.78209/2022, Murder Reference No.304/2022
PRESENT; (Ali Zia Bajwa) Judge (Farooq Haider) Judge
Date of hearing: 13.01.2026 Appellant by: Malik Ishrat Hussain, Advocate. State by: Mr. Munir Ahmad Sial, Additional Prosecutor General. Complainant by: Raja Fazal Quddus Satti, Advocate for the complainant in Crl. Appeal No.69766/2022 and for the appellant in Crl. Appeal No.78209/2022.
Sheikh Muhammad Awais
VS
The State, etc., Farooq Ahmad vs Sheikh Faraz alias Ibrar, etc., The State vs Sheikh Muhammad Awais
Law: Constitution of Pakistan, 1973
Section: 302(b), 34
Law: Pakistan Penal Code (PPC),1860
Section: 374, 342, 340(2), 544-A
Law: Code Of Civil Procedure, 1908.
Section: 10-A
Summary
The High Court heard and decided jointly: (i) the criminal appeal filed by Sheikh Muhammad Awais against his conviction and death sentence; (ii) the murder reference for confirmation of death sentence; and (iii) the complainant’s appeal against acquittal of co-accused Sheikh Faraz alias Ibrar. Upon exhaustive reappraisal of evidence, the Court found that the prosecution case suffered from unexplained delay in FIR and post-mortem, contradictory ocular and medical evidence, non-establishment of place of occurrence, unreliable chance witnesses, doubtful recoveries, unproved motive, and inconclusive forensic and electronic evidence. Holding that the prosecution failed to prove the charge beyond reasonable doubt, the Court acquitted Sheikh Muhammad Awais, declined confirmation of death sentence, and maintained the acquittal of Sheikh Faraz alias Ibrar, emphasizing the doctrine of double presumption of innocence.
Tag Line
Death sentence set aside where ocular account is unreliable, place of occurrence unproved, FIR delayed, recoveries doubtful, and prosecution fails to prove guilt beyond reasonable doubt.
ORDER;