MUSHTAQ AHMED vs STATE — 2026 SCMR 60 SUPREME-COURT

Case information

Citation: 2026 SCMR 60 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: MUSHTAQ AHMED vs STATE
Subject matter: Criminal

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

Judgment text as reported

MUSHTAQ AHMED VS STATE. Ss. 302(b) & 34---Qatl-i-amd---Common intention---Re-appraisal of evidence---Benefit of doubt---Delay in conducting postmortem examination---Effect. Accused-petitioner was charged for committing murder of the deceased. Deposition of Medical Officer revealed that there was a delay of about ten hours in conducting the postmortem examination after receiving the dead body of deceased. Medical Officer explained that it was not his fault since the police papers were not made available to him by the police, hence the postmortem could not be conducted in a timely manner. Record also revealed that there was a delay of almost twenty three hours in conducting the postmortem from the time of the death of deceased. Delay in conducting postmortem examination could be considered as a factor which created doubt in the prosecution case. Such delay suggested that the occurrence might have been unseen and the said delay was consumed in procuring the attendance of false eye-witnesses. The unexplained delay in conducting the postmortem examination caused serious damage to the prosecution case and created doubt regarding the authenticity of the ocular account produced by the prosecution. Supreme Court held that unexplained delay in postmortem examination is a relevant circumstance which may create doubt in the prosecution story and where such delay remains unexplained, benefit of doubt must be extended to the accused. Petition was converted into appeal and allowed, in circumstances and accused was acquitted from the charge.

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