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State vs AHMED OMAR SHEIKH S — 2021 SCMR 873 SUPREME-COURT

Case information

Citation
2021 SCMR 873 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
State vs AHMED OMAR SHEIKH S
Subject matter
Criminal
Provisions referred to
S. 302

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

State VS AHMED OMAR SHEIKH S. 302(b)---Qatl-i-amd---Last seen evidence---Scope---"Last seen" evidence was merely a circumstantial evidence, and that too a weak type of evidence, which alone could not sustain the weight of a capital punishment, and would require other independent corroborative evidence to effect conviction---In a case of murder, where the prosecution case rested on "last seen" evidence, then corroboration would be required from other circumstantial evidence; each piece of such evidence would have to be proved to complete the chain, stemming from the accused being "last seen" with the deceased, leading to his death---To achieve this, the prosecution had to prove that the death of the deceased took place in close proximity to the time and place, where the accused was "last seen" with the deceased---Thus, the evidentiary value of the "last seen" evidence of an accused with the deceased would depend upon the facts and circumstances of each case, and for a court to reach a conclusion of guilt of the accused, such circumstances must not only be proved, but must also be found to be incompatible with the innocence of the accused, and incapable of explanation upon any other reasonable hypothesis than that of guilt.

Other judgments reported in 2021 SCMR

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