| Case ID |
2e47670e-c7c7-4820-b6ff-c04e7064799f |
| Body |
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| Case Number |
Jail Petition No. 380 of 2017 |
| Decision Date |
Mar 26, 2018 |
| Hearing Date |
Mar 26, 2018 |
| Decision |
The Supreme Court of Pakistan, in Jail Petition No. 380 of 2017, set aside the conviction and sentence of Sajjan Solangi under Section 302(b) of the Pakistan Penal Code. The Court determined that the conviction was based on inadmissible hearsay evidence and an extra-judicial confession, which contravened the Qanun-e-Shahadat Order of 1984. Additionally, the recovery of the weapon lacked proper forensic examination, rendering the evidence insufficient for a valid conviction. As a result, the Court acquitted the petitioner of all charges and ordered his immediate release. |
| Summary |
In the landmark decision of Jail Petition No. 380 of 2017, the Supreme Court of Pakistan meticulously reviewed the case of Sajjan Solangi, who was previously convicted under Section 302(b) of the Pakistan Penal Code for the alleged murder of his daughter. The case, initially heard by the High Court of Sindh and Circuit Court Larkana, hinged on evidence that the petitioner claimed was fundamentally flawed and inadmissible. Central to the Court's decision was the reliance on hearsay evidence, as outlined in the Qanun-e-Shahadat Order of 1984, which the prosecution failed to substantiate with direct testimony or forensic evidence. The petitioner argued that the primary evidence stemmed from an unverified mobile phone communication between the accused's father and a police witness, lacking any corroborative witness testimony or forensic validation of the recovered weapon. Moreover, the defense highlighted procedural lapses, including the absence of the accused's father as a witness to confirm the allegations and the failure to subject the recovered weapon to forensic analysis, undermining its credibility. The Supreme Court emphasized the necessity of concrete and admissible evidence in upholding convictions, especially in cases involving severe charges such as murder. By overturning the previous judgments, the Court reinforced the principles of fair trial and the stringent requirements for evidence in the Pakistani legal system. This decision not only secured the immediate release of Sajjan Solangi but also set a precedent for the critical evaluation of evidence in criminal cases, ensuring that convictions are based on reliable and legally sound foundations. The ruling underscores the judiciary's commitment to upholding justice and protecting the rights of the accused against unjust prosecution. Keywords: Supreme Court of Pakistan, criminal law, hearsay evidence, Pakistan Penal Code, Qanun-e-Shahadat, forensic evidence, fair trial, legal precedent, Sajjan Solangi case, judicial review, criminal justice system, evidence admissibility, legal standards, murder conviction, appellate court decision, Sindh High Court, Circuit Court Larkana, legal reform in Pakistan, judicial accountability, criminal appeal process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Supreme Court of Pakistan,
High Court of Sindh,
Circuit Court Larkana,
Forensic Science Laboratory,
Police Station Shah Panjo Sultan,
District Dadu
|
| Judges |
MANZOOR AHMAD MALIK,
JUSTICE SARDAR TARIQ MASOOD
|
| Lawyers |
Mr. Mehmood A. Qureshi, ASC,
Mr. Hussain Bux Baloch, Additional P.G. Sindh
|
| Petitioners |
Sajjan Solangi
|
| Respondents |
State
|
| Citations |
2019 SLD 2199,
2019 PLJ 526
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
302,
302(b),
382B,
71
|