Syed Hammad Naqvi vs State Ss — 2026 PCrLJ 459 ISLAMABAD

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Syed Hammad Naqvi VS State Ss. 302(b), 376, 380, 411 & 34---Qatl-i-amd, rape, theft in adwelling house, tent, or vessel, dishonestly receiving stolen property, common intention---Appreciation of evidence---Recovery of handkerchief and stolen jewellery---Not supported by credible evidence---Accused were charged for committing rape and murder of the minor daughter of the complainant---During the visit of Investigating Officer at the place of occurrence, the complainant handed over a white handkerchief that reportedly contained human hair, saliva stains and sweat marks---However, that alleged evidence was not discovered or recovered by the Investigating Officer through any independent or professional means---Instead, the complainant claimed that he had personally collected the handkerchief with the help of one "IK", who was later examined as court witness---Handkerchief was formally taken into possession vide a recovery memo. and both the complainant and "IK" signed that memo---Investigating Officer also recorded statement of "IK" under S.161, Cr.P.C.---Said "IK" was placed in the column of the witnesses but he did not appear before the Court, therefore, he was summoned by the Court and he while appearing as court witness did not support the recovery process rather he denied having any knowledge about the incident altogether---Said contradiction raised serious doubt about the authenticity of the recovery of the handkerchief, which allegedly contained key forensic evidence and the recovery of the stolen artificial jewellery---Since the recovery was not supported by any independent witness or credible evidence and appeared to rely solely on the complainant's version, contradicted by court witness, it casted ashadow of suspicion over the prosecution's version---Recovery process, therefore, seemed to be artificial and possibly fabricated---When the evidence lacked independent corroboration and raised significant doubts, it could not be deemed reliable or safe to form the basis for a conviction or to support the prosecution's case---Appeal against conviction was allowed, in circumstances.

Syed Hammad Naqvi vs State Ss — 2026 PCrLJ 459 ISLAMABAD

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