MUHAMMAD BILAL vs State S — 2025 SCMR 1580 SUPREME-COURT

Case information

Citation: 2025 SCMR 1580 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: MUHAMMAD BILAL 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 BILAL VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Recovery of sota from an open place on the disclosure of accused---Reliance---Scope---Accused was alleged to have committed murder of mother of the complainant by inflicting sota blow---Trial Court convicted the accused and sentenced him to death, which was upheld by the High Court---Validity---Prosecution claimed that the recovery made upon the appellant's disclosure conclusively proved his guilt---There were, however, certain deficiencies in the recovery proceedings as well as the claim that the recovered sota was actually linked to the appellant---Foremost amongst those flaws was that the sota was recovered from an open and public place, i.e. an empty plot adjacent to the deceased/complainant's home---Complainant's cross-examination also highlighted that the spot from where the sota was recovered happened to be a public thoroughfare---Established doubtfulness of that recovery undermined the prosecution case---Undeniable fact that the crime weapon, i.e. the sota, was recovered from an open place accessible to all, which made it unsafe to place reliance upon such recovery---Police neither claimed that the recovered weapon, the sota, was covered in the deceased's blood nor was the sota subjected to any chemical or serologist examination for traces of human blood---In the absence of such testing, the weapon recovered by the police did not advance the prosecution case---Appeal against conviction was allowed, in circumstances.

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