Supreme Court of Pakistan

Ghulam Shabbir v. The State & another; connected petition: Mazhar Abbas v. The State & another

Published on this website

J.P. 495 of 2021 & Crl.P.L.A. 1483-L of 2021

Citation: Approved for reporting; reporter citation not stated

Pakistan | Pakistan Penal Code, 1860 | Section 302(b)Pakistan | Code of Criminal Procedure, 1898 | Section 544-APakistan | Code of Criminal Procedure, 1898 | Section 382-B

Background

Background

Supreme Court acquits Ghulam Shabbir in a strangulation murder case: the victim's DNA on a jersey could not cure doubtful recovery and unreliable eyewitness evidence.

Legal questions

Whether the victim's DNA on a jersey could sustain a murder conviction after rejection of the eyewitness account and where recovery and preservation of the garments were unreliable.

Court holding

What the Court decided

The bloodstain DNA match could not be relied upon in isolation. Its evidentiary value depended on reliable recovery and circumstances connecting the exhibit to the accused and offence. The cumulative defects rendered the evidentiary chain unreliable.

Final outcome

Final outcome

Jail petition converted into an appeal and allowed; Ghulam Shabbir acquitted and ordered released unless required in another case. Enhancement petition dismissed and leave refused.

Practical effect

What the decision means in practice

Jail petition converted into an appeal and allowed; Ghulam Shabbir acquitted and ordered released unless required in another case. Enhancement petition dismissed and leave refused.

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

New judgment alerts

Follow this court or legal topic

Receive new judgments and analysis about Supreme Court of Pakistan, Criminal Law, Evidence by email.

Primary source

Original judgment and official source

This HTML summary does not replace the court record. Use the linked original judgment PDF or official court source to verify the exact text and directions.

Later treatment

Later treatment

Research tools

Use this judgment in your research

Compare judgments

Judgment text is provided for legal research and general information. Verify the official court record before relying on it in proceedings.