Muhammad Asif vs State Ss — 2026 YLR 1222 KARACHI-HIGH-COURT-SINDH

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

Muhammad Asif VS State Ss. 302(b), 365-a & 34---Explosive Substance act (VI of 1908), Ss. 4 & 5---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---Qatl-i-amd, kidnapping or abducting for extorting property, valuable security, etc., common intention, making or possessing explosive substances under suspicious circumstances, possession of illicit weapon---appreciation of evidence---Recovery of weapon of offence---Fingerprint comparison not conducted---accused were charged for committing murder of the father of complainant after kidnapping him for extorting money---Record showed that knife allegedly bearing human blood was recovered---However, this piece of evidence suffered from serious deficiencies that substantially diminished its evidentiary worth---Notably, the prosecution failed to conduct fingerprint matching between the recovered knife and the appellants, which could have established a direct nexus between the weapon and the perpetrator---In the absence of such forensic linkage, and given the prosecution's unexplained omission despite availability of the accused in custody, an adverse inference under article 129(g) of the Qanun-e-Shahadat, 1984, warranted that the prosecution deliberately avoided fingerprint comparison due to uncertainty regarding the actual assailant---Said deficiency was further compounded by the prosecution's failure to produce any DNa or chemical examination report to establish that the blood found on the knife was indeed that of the deceased---Mere recovery of the knife on the discovery of the appellants, without forensic corroboration or an unbroken evidentiary chain, was insufficient to sustain the charge of murder---Circumstances established that the prosecution had failed to prove the charges of kidnapping for ransom and murder, thus the conviction under Ss.302(b) & 365-a P.P.C were set-aside---However, sentence awarded to appellant No. 7 under S.7(1)(ff) anti-Terrorism act, 1997, was converted into S.5 of the Explosive Substances act, 1908 for 14 years and conviction and sentence for 7 years awarded by the Trial Court under S.23(1) of the Sindh arms act, 2013, to each appellant was maintained---With said modification in sentence, the appeal was partly allowed.

Muhammad Asif vs State Ss — 2026 YLR 1222 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2026 YLR