ZUNAIR YOUNAS vs STATE — 2026 PLD 222 SUPREME-COURT

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ZUNAIR YOUNAS VS STATE. Ss. 302(b) & 377---Qanun-e-Shahadat (10 of 1984), Arts. 40 & 129, illustration (g)---Qatl-i-amd and sodomy---Re-appraisal of evidence---Disclosure of accused---Withholding of evidence---Presumption---DNA test report, non-producing of---Effect---Both the accused persons were alleged to have committed sodomy with deceased whereafter he was murdered---Trial Court convicted both the accused persons and sentenced one to death while the other was given imprisonment for life---High Court reduced the sentence of accused from death to imprisonment for life whereas the other was acquitted of the charge---Validity---Allegation of sodomy lacked corroboration due to absence of DNA report or chemical examiner's findings, despite the claim of prosecution that anal swabs were submitted for testing---Critical DNA profiling and chemical report that could have supported the charge of unnatural lust were missing---Court could infer under Article 129(g) of Qanun-e-Shahadat, 1984 that unproduced evidence would be unfavorable to the party withholding it and missing documents would not have supported prosecution's case---Motive was not established, the last seen evidence was unreliable, recoveries were doubtful and medical and forensic links were either suppressed or infirm---Chain of circumstantial evidence stood fractured---Where prosecution's case rested entirely on circumstantial evidence, each link in the chain was to be proved to the exclusion of every reasonable doubt---Failure to establish any one link was sufficient to vitiate the entire case---There were legal limitations of Article 40 Qanun-e-Shahadat, 1984 and prosecution had failed to satisfy strict conditions for admissibility and reliability of custodial recoveries---Chain of circumstances necessary for conviction was not satisfactorily established---Supreme Court set aside conviction and sentence awarded to accused and declined to interfere in acquittal of co-accused by the High Court.

ZUNAIR YOUNAS vs STATE — 2026 PLD 222 SUPREME-COURT

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