Supreme Court of Pakistan

Nazim Ali v. The State etc.

Published on this website

Jail Petition No. 452 of 2022 and Criminal Petition No. 1625-L of 2022

Citation: Not approved for reporting; no reported citation stated

Pakistan | Pakistan Penal Code, 1860 | Sections 302(b), 148 and 149Pakistan | Code of Criminal Procedure, 1898 | Section 544-A

Case summary

The judgment in brief

The Supreme Court acquitted a murder convict after finding unexplained chance witnesses, an improbable firing account, an unmatched weapon, forensic inconsistencies, a defective site plan and an unproved motive.

Question of law

Whether the eyewitness account assigning the fatal shot to Nazim Ali remained reliable enough to sustain his murder conviction despite unexplained chance witnesses, weapon and forensic inconsistencies, site-plan defects and failure to prove motive.

Court holding

What the Court decided

The eyewitnesses did not satisfactorily explain their presence, the indiscriminate-firing account appeared improbable, the alleged weapon did not match a crime empty, the forensic report confused the person and weapon associated with the .44-bore rifle, the site plan contained material gaps, and the alleged motive was not proved. These record-based doubts made the conviction unsafe.

Result

Outcome and directions

Nazim Ali's jail petition was converted into an appeal and allowed. His conviction and life sentence were set aside, and he was acquitted by benefit of doubt with a direction for immediate release unless required in another case. The complainant's petition for enhancement of sentence was dismissed as infructuous.

Practical effect

What the decision means in practice

Nazim Ali's jail petition was converted into an appeal and allowed. His conviction and life sentence were set aside, and he was acquitted by benefit of doubt with a direction for immediate release unless required in another case. The complainant's petition for enhancement of sentence was dismissed as infructuous.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

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