Supreme Court of Pakistan

Mujahid alias Mujahidi and Nadeem alias Deemi v. The State; Badar Zaman v. The State and others

Published on this website

Criminal Petitions No. 356-L and 417-L of 2016

Citation: Approved for reporting; reported citation not stated in the supplied judgment

Pakistan | Pakistan Penal Code, 1860 | Sections 302(b), 109, 148 and 149Pakistan | Code of Criminal Procedure, 1898 | Sections 265-K and 544-A

Case summary

The judgment in brief

The Supreme Court acquitted two murder convicts after finding the chance witnesses' presence unexplained, their detailed firing account unnatural, the physical recoveries inconsistent and medical evidence incapable of identifying the assailants.

Question of law

Whether the murder convictions could be sustained on the account of chance witnesses whose presence was unsupported, where the firing narrative appeared unnatural, physical recoveries did not fit the alleged indiscriminate firing, recovered weapons were not forensically compared, and medical evidence did not identify the assailants.

Court holding

What the Court decided

The witnesses had no ordinary reason to be at the scene and did not support their Fateha explanation with independent material. Their highly precise allocation of shots and injuries appeared unnatural, the recovered empties were incompatible with the alleged extensive firing, and the recovered weapons were not sent for ballistic comparison. Medical evidence confirmed firearm death but could not identify the shooters or independently prove their roles. The cumulative defects created reasonable doubt.

Result

Outcome and directions

The convicts' petition was converted into an appeal and allowed. The convictions and sentences of Mujahid alias Mujahidi and Nadeem alias Deemi were set aside, and they were acquitted by benefit of doubt with a direction for 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

The convicts' petition was converted into an appeal and allowed. The convictions and sentences of Mujahid alias Mujahidi and Nadeem alias Deemi were set aside, and they were acquitted by benefit of doubt with a direction for 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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Authority and later treatment

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