LAHORE (Dunya News) – The Lahore High Court (LHC) has acquitted a man convicted of murdering his wife and, in a detailed judgment, clarified the scope of Article 122 of the Qanun-e-Shahadat Order (Law of Evidence).
Justice Tariq Saleem Sheikh issued the written verdict on the appeal filed by convict Tanveer. According to the judgment, the incident occurred in Chiniot district on May 18, 2020.
The prosecution alleged that Tanveer, along with two accomplices, strangled his wife, Nasreen Bibi, with a scarf before dawn. A case was registered at City Police Station Chiniot, and on Jan. 17, 2022, an additional sessions judge acquitted the two co-accused due to lack of evidence but sentenced Tanveer to life imprisonment, imposed a fine of Rs400,000 and awarded other penalties. Tanveer later challenged the conviction before the high court.
The prosecution argued that eyewitness testimony, medical evidence and other material proved the murder. It also contended that because the victim died an unnatural death in her husband's home, Article 122 of the Qanun-e-Shahadat required the accused to explain the circumstances of her death. The prosecution maintained that his failure to do so justified upholding the trial court's verdict.
Tanveer denied the allegations, telling the court he was on duty at a petrol station on Jhang Road when the incident occurred. He said he was informed of his wife's death while at work and learned upon returning home that she had allegedly been killed by unidentified individuals. He claimed he had been falsely implicated through collusion between the complainant and the police.
In its ruling, the high court held that Article 122 does not apply automatically. The court said the prosecution must first establish, through reliable direct or circumstantial evidence, a credible link between the accused and the alleged offence. If that initial burden is not met, the accused cannot be required to explain the death solely because it occurred in the marital home, nor can silence be treated as evidence of guilt.
Justice Tariq Saleem Sheikh further observed that unexplained delays in registering the FIR, inconsistencies in eyewitness accounts, shortcomings in the medical evidence, questions surrounding the recovery of the scarf allegedly used in the crime, and the failure of call data records to connect the accused to the scene created reasonable doubt.
The court ruled that, under criminal law, the burden of proving guilt always rests with the prosecution. Citing the benefit of the doubt, the LHC allowed Tanveer's appeal, acquitted him of the charges and dismissed the complainant's plea seeking an enhanced sentence.