IMTIAZ HUSSAIN SHAH vs State S — 2025 SCMR 1110 SUPREME-COURT

Case information

Citation: 2025 SCMR 1110 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: IMTIAZ HUSSAIN SHAH vs State 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

IMTIAZ HUSSAIN SHAH VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Benefit of doubt---Principle---Night time occurrence---Medical evidence contradicting ocular account---Presence of alleged eye-witnesses at the spot doubtful---Delay in conducting postmortem examination---Accused persons were convicted by Trial Court for qatl-i-amd and sentenced to death but High Court converted the sentence into imprisonment for life---Validity---Evidence of recovery and motive had rightly been discarded by High Court---Prosecution failed to prove guilt of accused persons through cogent and confidence inspiring direct and circumstantial evidence---Prosecution evidence was riddled with doubts, benefit of which was extended to accused persons not as a matter of grace or concession but as a matter of right---For giving benefit of doubt it is not necessary that there should be multiple circumstances rather a single circumstance creating reasonable doubt in a prudent mind is sufficient for extending its benefit to accused---Supreme Court set aside conviction and sentence awarded to accused person who were acquitted of the charge---Appeal was allowed.

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