Supreme Court of Pakistan
Amoon Ayub and Qaiser Ayub v. The State etc.
Published on this website
Jail Petition No. 326 of 2022 and Criminal Petition for Leave to Appeal No. 1165 of 2022
Citation: Not Approved for Reporting; no reporter citation stated in supplied copy
Background
Background
Supreme Court upholds Qaiser Ayub’s death sentence but acquits Amoon: digital attribution, shared internet accounts, knowledge and benefit of doubt. Judgment PDF.
Both brothers were convicted in an online-content prosecution under section 295-C PPC. The Supreme Court assessed the digital and other evidence against each separately and reached different outcomes.
Legal questions
Legal questions
Whether the digital and other evidence established the individual involvement and knowledge of each petitioner in the online publication forming the section 295-C prosecution.
Court holding
What the Court decided
The Court accepted forensic files, domain and account records, personal data and correspondence as connecting Qaiser to the material and establishing intent. Shared utility registration and office tenancy did not alone establish Amoon’s responsibility. Doubts over his laptop recovery and knowledge, with no further evidence connecting his conduct to the offence, required benefit of doubt.
Final outcome
Final outcome
Qaiser’s Crl.P.L.A. 1165/2022 dismissed and leave refused; conviction and death sentence upheld. Amoon’s J.P. 326/2022 converted into an appeal and allowed; conviction and sentences set aside; release ordered unless required in another case.
Practical effect
What the decision means in practice
Amoon’s conviction and sentences set aside with release ordered unless wanted elsewhere. Qaiser’s conviction and death sentence remain upheld under the operative order.
This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.
Key legal principles
Key legal principles
- The Court’s accepted evidence against Qaiser combined forensic files, account and domain records, personal documents and correspondence.
- Registration of shared utility connections or office tenancy does not alone prove personal creation or upload of material.
- A family relationship does not establish responsibility for another family member’s acts.
- Doubts about Amoon’s recovery and knowledge, and absence of further connecting evidence, required benefit of doubt.
- The Court accepted the explanation for delayed FIR registration after a prompt initial complaint and police/FIA referrals.
New judgment alerts
Follow this court or legal topic
Receive new judgments and analysis about Supreme Court of Pakistan, Criminal Law 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
Copy a link to a specific part
Judgment text is provided for legal research and general information. Verify the official court record before relying on it in proceedings.
Related article
Related article
Supreme Court upholds Qaiser Ayub’s death sentence but acquits Amoon: digital attribution, shared internet accounts, knowledge and benefit of doubt. Judgment PDF.
Read the related article →