Syed Abdul Basit Shah vs State Ss — 2025 YLR 101 ISLAMABAD

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Syed Abdul Basit Shah VS State Ss. 302(b), 109, 201 & 34---Qatl-i-amd, abetment, causing disappearance of evidence of offence, or giving false information to screen offender, common intention---Appreciation of evidence---Medical evidence doubtful---Accused was charged that he and his co-accused persons committed murder of the daughter of complainant---Medico Legal Officer, who conducted postmortem examination of the deceased, deposed that upon external examination of the deceased, she observed that the nails of both hands and nails of both toes were blue in color---However, with respect to the cause of death said witness, instead of giving her own opinion/remarks, placed a heavy reliance on the Report of Forensic Science Laboratory---Said report was itself dubious inasmuch as Mohrer deposed that on 02.04.2022, he through road certificate had handed over five parcels to Police Official, who onward transmitted the same to Forensic Science Laboratory, whereas said Police Official admitted that on 04.10.2021, he delivered six parcels in Forensic Science Laboratory and was not sure as to what was contained in those parcels---Said witness further admitted that the said parcels were handed over to him by Casualty Medical Officer---Alleged parcels were delivered in Forensic Science Laboratory prior to almost six months of its handing over to said witness for their onwards transmission to the said Agency---Medico Legal Officer deposed that upon external examination of the deceased, she found 01 cm transverse skin deep mark seen in front of mid of neck which was brown in color---During her cross-examination, the said witness admitted that there was no sign or mark of ligature, binder, laceration, abrasion on the body of the deceased except one mark and further admitted that there was no sign mark of belt, rope or cord on the neck---Time and age of the injury of 01 cm skin deep was not mentioned in the report---Details of swelling towards age, size and measurement were not mentioned in the medical report---Medical report was itself doubtful and was based primarily on the findings contained in Histopathology Report of Forensic Science Laboratory, which had no value in the eye of law---Circumstances established that the prosecution had failed to establish its case against the appellant beyond any shadow of reasonable doubt---Appeal against conviction was allowed accordingly.

Syed Abdul Basit Shah vs State Ss — 2025 YLR 101 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2025 YLR