MUHAMMAD ASLAM vs State S — 2025 SCMR 1240 SUPREME-COURT

Case information

Citation: 2025 SCMR 1240 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: MUHAMMAD ASLAM 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

MUHAMMAD ASLAM VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Recovery of weapon---Substantive evidence, absence of---Inconsistency regarding injuries---Benefit of doubt---Accused was convicted for qatl-i-amd and was sentenced to death on two counts---Validity---In matters where prosecution case contains doubts and mysteries, benefit of the same has to be given to accused who is considered to be the favourite child of law---Recovery of blood stained bat, which was weapon of offence was only corroborative piece of evidence---In absence of substantive evidence, recovery of weapon of offence was not considered sufficient to hold accused guilty of offence charged---When substantive evidence failed to connect accused with commission of offence or was disbelieved, then corroborative evidence was of no help to prosecution---Corroborative evidence could not by itself prove prosecution's case---In the present case given the doubtfulness of direct substantive ocular evidence, the corroborative effect of recovery of weapon of offence was insufficient---Testimony of prosecution witnesses was doubtful, there were inconsistencies between description of injuries of deceased in crime report and post mortem report; recovery of crime weapon was also doubtful and DNA analysis was absent---Supreme Court set aside conviction and sentence awarded to accused and he was acquitted of the charge by extending benefit of doubt---Appeal 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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