ZAHIR ZAKIR JAFFAR vs STATE — 2026 PLD 251 SUPREME-COURT

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ZAHIR ZAKIR JAFFAR VS STATE. S. 302(b)---Criminal Procedure Code (V of 1898), S. 465---Qatl-i-amd---Re-appraisal of evidence---Insanity, plea of---Motive, absence of---Delay in post-mortem---Effect---Accused was convicted by Trial Court and was sentenced to death for committing Qatl-i-amd---Conviction and sentence was maintained by High Court---Validity---Accused had taken the plea of insanity in an application under Section 465, Cr.P.C., that he was a lunatic---Unsound mind at the given time relied on by accused was never raised at the time of remand and no evidence was produced in defense to fortify the contention that accused was suffering from any psychiatric problem or mental disorder---There was no evidence on record that accused used to consult any psychiatrist, therapy workers, or consume any drug in the absence of which or due to which he could become furious and go out of mind---No motive was set by the prosecution against the accused for the commission of the offense by him---It was not the bounded duty of the prosecution to prove a motive---There were no mitigating circumstances, except minor discrepancies in the time of occurrence and delay in post-mortem---Furthermore, there were no fingerprints on the knife, but it matched with the DNA of the accused---Minor delay in lodging of FIR did not affect the credibility of the prosecution evidence which had proved the guilt of accused beyond any reasonable doubt to award a capital punishment---It was a case of circumstantial evidence, but one end of the rope was found tied with the dead body and the other end tied with the neck of the accused---Occurrence was a direct result of a vice spreading in upper society, which was known as 'living relationship', in which societal compulsions were ignored so as to defy not only the law of the land, but also the personal law under Islamic Sharia, which was a direct revolt against the Almighty Allah---His Lordship put such act as a topic before social reformists to discuss in their circles for young generations to note its horrible consequences, such as in the instant case---Petition for leave to appeal was dismissed and leave to appeal was refused.

ZAHIR ZAKIR JAFFAR vs STATE — 2026 PLD 251 SUPREME-COURT

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