Set up a motive and failed to establish it, the prosecution must suffer consequence

 We very respectfully relying on the case of Noor Muhammad v. The State and another (2010 SCMR 97) wherein the Hon’ble Apex Court has emphasized as under:- 

“It has been held in the case of Muhammad Sadiq v. Muhammad Sarwar (1979 SCMR 214) that when motive is alleged but no proved then the ocular evidence required to be scrutinized with great caution. In the case of Hakim Ali v. The State (1971 SCMR 432) it has been held that the prosecution through not called upon to establish motive in every case, yet once it has set up a motive and failed to establish it, the prosecution must suffer consequence and not the defence. In the case of Ameenullah v. State (PLD 1976 SC 629) it has been held that where motive is an important constituent and is found by the Court to be untrue, the Court should be on guard to accept prosecution story.”

Part of Judgment

THE LAHORE HIGH COURT, LAHORE

Murder Reference
642-10

2015 LHC 7528