IFTIKHAR AHMAD vs STATE — 2026 SCMR 674 SUPREME-COURT

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IFTIKHAR AHMAD VS STATE. Ss.302(b), 427, 109, 148 & 149---Qatl-i-amd, causing damage or loss of fifty rupees or more through mischief, abetment, rioting armed with deadly weapons, unlawful assembly---Reappraisal of evidence---Benefit of doubt---Co-accused acquitted on same set of evidence---Accused-petitioner was charged that he along with his co-accused persons committed murder of the brother of complainant by firing---Record showed that two co-accused, since acquitted, were also assigned one firearm injury each on the left thigh and left side of penis of deceased---As per postmortem report of deceased, the said injuries were available on the body of the deceased but the said co-accused had already been acquitted by the Trial Court---No appeal was filed by the complainant party before the High Court against the acquittal of the said co-accused and as such their acquittal had attained finality---Under the circumstances, this Court had to see as to whether or not there was any independent corroboration against petitioner on the basis of the same prosecution evidence which had already been disbelieved against the acquitted co-accused---Moreover, the recovery of pistol 30-bore and motive part of the prosecution case had already been disbelieved---There was no other independent corroboration of the prosecution case against petitioner, hence the prosecution evidence which had already been disbelieved against the acquitted co-accused could not be believed against the petitioner without independent corroboration, which was very much lacking in the case---Appeal against conviction was allowed.

IFTIKHAR AHMAD vs STATE — 2026 SCMR 674 SUPREME-COURT

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