| Case ID |
e2f7b7d9-abeb-4af7-9093-2e4246ae7b2e |
| Body |
View case body. Login to View |
| Case Number |
Crl. A. No. 21-P of 2010 |
| Decision Date |
Apr 29, 2019 |
| Hearing Date |
Apr 29, 2019 |
| Decision |
The Supreme Court of Pakistan allowed the criminal appeal of Wazir Son of Shamshair, who was convicted for his involvement in the abduction and murder of Muhammad Naeem. The court found that the confessional statement, which was the main evidence against the appellant, was unreliable and overly elaborate, and not a true reflection of guilt. The court emphasized that for a confessional statement to be valid, it must be voluntary and spontaneous, which was not the case here. Additionally, the medical evidence did not align with the details provided in the confession. Consequently, the court overturned the conviction of the appellant, stating that the prosecution's case was not free from doubt, making it unsafe to uphold the conviction. |
| Summary |
This case revolves around the conviction of Wazir Son of Shamshair, who was accused of being involved in the abduction and murder of Muhammad Naeem under the Anti Terrorism Act, 1997, and various sections of the Pakistan Penal Code. The Supreme Court scrutinized the confessional statement presented by the prosecution, which appeared excessively detailed and crafted more for the prosecution's needs rather than as a genuine admission of guilt. The court noted significant discrepancies between the confession and the medical evidence regarding the cause of death, leading to doubts about the reliability of the confession. The judges indicated that the prosecution failed to meet the burden of proof necessary for a conviction, and therefore, the appeal was granted, resulting in the acquittal of the appellant. The case highlights critical considerations in evaluating confessional evidence within the criminal justice system, emphasizing the necessity for thorough examination of all evidence presented in court. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MANZOOR AHMAD MALIK,
SYED MANSOOR ALI SHAH,
QAZI MUHAMMAD AMIN AHMED
|
| Lawyers |
Mr. Astaghfirullah, ASC,
Mr. Mujahid Ali Khan, Additional Advocate General, Khyber Pakhtunkhwa
|
| Petitioners |
Wazir Son of Shamshair
|
| Respondents |
STATE AND ANOTHER
|
| Citations |
2019 SLD 2370,
2019 PLJ 416
|
| Other Citations |
Not available
|
| Laws Involved |
Anti Terrorism Act, 1997,
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
7,
364,
109,
302
|