MUHAMMAD MUSAWAR RAFIQ vs State Ss — 2025 SCMR 1008 SUPREME-COURT

Case information

Citation: 2025 SCMR 1008 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: MUHAMMAD MUSAWAR RAFIQ vs State Ss
Subject matter: Criminal

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

MUHAMMAD MUSAWAR RAFIQ VS State Ss. 4 & 5---anti-Terrorism act (XXVII of 1997), Ss. 7 & 11-F (2)---Constitution of Pakistan, art. 188---Review of judgment---Grave miscarriage of justice---Overlooking of material evidence---Contradictions in statements of witnesses regarding date and number of parcels deposited before forensic agency---Safe custody and safe transmission of the case property and sample parcels not established---Unqualified explosives inspector---Fake proceedings carried out by police---False implication---accused persons sought review of the judgment passed by Supreme Court maintaining conviction and sentence awarded to them---Held, that there was nothing on record to show that accused persons belonged to any proscribed / terrorist organization---None of the prosecution witnesses stated that accused persons were members of any proscribed / terrorist organizations---Complainant failed to produce any proof that accused persons belonged to banned organization---Material facts / evidence were overlooked and could not be properly appreciated at the time of pronouncement of judgment under review, which resulted into grave miscarriage of justice to accused persons---Supreme Court could review its judgment for any sufficient reasons and there were many sufficient reasons to review judgment in question---Supreme Court reviewed its judgment and set aside conviction and sentence awarded to accused persons who were acquitted of the charge while giving them benefit of doubt---Review petition was allowed.

Other judgments reported in 2025 SCMR

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2025 SCMR 1580 SUPREME-COURTMUHAMMAD BILAL VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Medical evidence not supporting the ocular account---Accused was…
2025 SCMR 1558 SUPREME-COURTOBAIDULLAH VS State Circumstantial evidence---Scope---In case of circumstantial evidence, every circumstance should be linked with each othe…

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