IMTIAZ NAEEM vs State Ss — 2025 SCMR 744 SUPREME-COURT

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IMTIAZ NAEEM VS State Ss. 7 (a) & 7(e)---Penal Code (XLV of 1860), S. 302 (b)---Qatl-i-amd and abduction for ransom---Re-appraisal of evidence---Voice recognition, reliance on---Blind murder---Benefit of doubt---Accused persons were convicted and sentenced to death for allegedly abducting a minor child for ransom whose dead body was recovered later on---Held, that alleged murder remained unwitnessed and at some subsequent stage accused persons had been implicated on the basis of suspicion---Claim of complainant in respect of recognizing voice of one accused during ransom demand made over telephone, particularly in high stakes scenarios, was fraught with significant risks of error, bias and misinterpretation---Voice recognition, unlike fingerprints or DNA evidence, lacked standardized scientific framework for verification---Telephone calls, especially those made under duress, could suffer from poor audio quality, background noise or distortions, making it difficult to accurately identify the speaker---In absence of additional corroborative evidence (e.g., call records, witness testimony, or forensic analysis), relying solely on voice recognition was inherently unreliable---There was no evidence of recovery and discovery, legally incriminating in nature to connect necks of accused with crime in question---Retracted confession could not be made basis for conviction and that too on a capital charge entailing death penalty---Supreme Court set aside conviction and sentence awarded to both the accused persons and acquitted them of the charge, as prosecution failed to prove its case against accused persons beyond reasonable doubt---Appeal was allowed.

IMTIAZ NAEEM vs State Ss — 2025 SCMR 744 SUPREME-COURT

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