The Lahore High Court has overturned the life sentence of a man convicted of murdering his sister, while strongly urging legal reforms to improve criminal investigations and evidence laws in Pakistan.
In a detailed ruling, the court highlighted serious flaws in prosecution and evidence handling, warning that such failures have far-reaching social consequences.
The court accepted the appeal filed by the accused, Ayaz, after concluding that the prosecution failed to prove the charge of murder beyond reasonable doubt. Justice Amjad Rafique issued a 42-page detailed verdict on the appeal.
The judgement carefully examined gaps in the investigation and prosecution, ultimately ruling that the conviction could not be sustained under existing legal standards.
Limits of Pakistani law
The verdict noted that Pakistani law does not accept confessional statements given before the police as evidence. This legal limitation, the court observed, often weakens criminal cases, especially when other corroborating evidence is lacking.
The Lahore High Court suggested that legislation should be enacted to make confessional statements given before the police admissible, with proper safeguards.
The court pointed out that in developed countries, statements made before investigating officers are treated as part of admissible evidence.
Video-recorded police interviews
To ensure transparency and prevent abuse, the court recommended that police interviews of accused persons should be video-recorded. Such a measure, the verdict said, would strengthen the credibility of investigations and help courts assess the voluntariness and accuracy of statements.
Justice Rafique warned that the prosecution’s failure to prove murder charges has profound effects on society.
The verdict stated that weak prosecutions can make women more vulnerable to insecurity and may indirectly encourage others to commit similar crimes. The court observed that civil proceedings are another effective means to bring an accused within the ambit of the law.
It clarified that, in principle, civil proceedings are not barred even after a criminal case, offering victims’ families an alternative legal path.
Ultimately, the Lahore High Court ruled that the prosecution failed to establish its case, leading to the acceptance of the appeal against the conviction.
