| Case ID |
ecf537a8-0bf2-4e04-a314-38cb6932c8a6 |
| Body |
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| Case Number |
Criminal Appeal No. 92-L of 2017 |
| Decision Date |
Sep 10, 2018 |
| Hearing Date |
Sep 10, 2018 |
| Decision |
The appeal was allowed, and the conviction and sentence of the accused were set aside. The court found that the evidence presented by the prosecution was insufficient to link the accused with the murder and kidnapping charges. The theory of 'last seen together' was not supported by strong enough evidence to establish that the accused was guilty beyond a reasonable doubt. The court emphasized the need for cogent reasons and a clear connection between the accused and the crime, which were lacking in this case. Therefore, the accused was entitled to the benefit of the doubt and was acquitted of the charges. |
| Summary |
This case revolves around an un-witnessed murder of a nine-year-old boy, Muhammad Azhar alias Mithoo, whose body was found in an advanced state of decomposition. The prosecution's case relied heavily on circumstantial evidence, particularly the 'last seen' principle, which posits that if two individuals are seen together shortly before one is found dead, the surviving individual may be presumed to have committed the murder. However, the court found that the evidence connecting the accused to the crime was insufficient and highlighted multiple gaps in the timeline and the lack of solid proof linking the accused to the ransom demand. The court underscored the significance of establishing a clear chain of events and emphasized the necessity of caution when interpreting circumstantial evidence. Given the uncertainties surrounding the time of death and the lack of direct evidence, the accused was granted the benefit of the doubt, leading to the overturning of the earlier conviction. This case illustrates the complexities involved in criminal proceedings, particularly cases relying on indirect evidence, and the high burden of proof required to establish guilt in murder and kidnapping cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASIF SAEED KHAN KHOSA,
MAQBOOL BAQAR,
SYED MANSOOR ALI SHAH
|
| Lawyers |
Shahid Azeem, Advocate Supreme Court for Appellant,
Muhammad Jaffar, DPG, Punjab for the State
|
| Petitioners |
Not available
|
| Respondents |
ANOTHER,
THE STATE
|
| Citations |
2018 SLD 2389,
2018 PLD 813
|
| Other Citations |
Rehmat v. State PLD 1977 SC 515,
Muhammad Amjad v. State PLD 2003 SC 704,
Deepak Chadha v. State 2012(1) JCC 540,
Fayyaz Ahmad v. State 2017 SCMR 2026
|
| Laws Involved |
Pakistan Penal Code, 1860,
Anti Terrorism Act, 1997
|
| Sections |
302,
365A,
7(a),
7(e)
|