ABDULLAH alias Muhammad alias Masab vs State Ss — 2025 SCMR 986 SUPREME-COURT

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ABDULLAH alias Muhammad alias Masab VS State Ss. 302(b) & 449---anti-Terrorism act (XXVII of 1997), S. 7(i)(a)---Explosive Substances act (VI of 1908), Ss. 3 & 4---Qanun-e-Shahadat (10 of 1984), art. 129, illustration (g)---Qatl-i-amd, loss to property and use of explosive substance---Re-appraisal of evidence---Withholding of best evidence---Benefit of doubt---Failure to produce Medico Legal Report of injured accused---arrest before occurrence---Proof---accused persons were alleged to have used explosive substance during their attack on a religious building, causing deaths, injuries to different persons and loss to property---Trial Court convicted the accused persons and sentenced them to death---Plea raised by accused persons was that they were already in custody in injured condition when the occurrence took place---Validity---If accused was apprehended on the day of occurrence in injured condition and medical treatment was provided to him at a hospital then why his medico legal report was not produced in evidence---Such fact supported claim of accused that they were earlier apprehended by the police and kept in illegal confinement during which they were physically tortured and they were made scapegoats in the case---Duration of injuries in the medico legal report showed that accused had injuries, which were caused 4/5 days earlier to the date of occurrence---Such fact had created further dent in the prosecution story---Medico Legal Report (MLR) of accused was the best evidence to show presence of accused at the time of occurrence which had not been produced in prosecution evidence---adverse inference under article 129(g) of Qanun-e-Shahadat, 1984 could validly be drawn against prosecution that had that MLR been produced in the evidence, the same would not have supported prosecution case against accused---If there is a single circumstance which creates doubt in the prosecution case then the same is sufficient to acquit the accused---Case against accused persons was repleted with number of circumstances, which had created serious doubts in prosecution story---Supreme Court set aside conviction and sentence awarded to accused persons and they were acquitted of the charges---appeal was allowed.

ABDULLAH alias Muhammad alias Masab vs State Ss — 2025 SCMR 986 SUPREME-COURT

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