| Citation(s) |
|---|
| 2025 SLG 1359 2025 SLD 1359 = 2025 SCP 169 = 2026 PLJ 36 |
Crl.A.Nos.304, 305, 313 & M.R.No.39 of 2014/Bwp.
Mr. Justice Jamal Khan Mandokhail Mr. Justice Athar Minallah Mr. Justice Salahuddin Panhwar
Ms. Bushra Qamar, ASC for Petitioner (in Crl. P. No. 532 of 2018). Mr. Naveed Ahmad Khawaja, ASC for Petitioner (in Crl. Ps. No. 444-L & 445-L of 2018) Mr. Irfan Zia, Addl. P.G., Pb. for State. Mr. Muhammad Subhan Malik (Judicial Law Clerk) for Assistance Date of hearing: 22.4.2025.
Zunair Younas,Nasim Akhtar ...…. Petitioner(s)
VERSUS
The State thr. P.G, Pb. & another (in all cases) …… Respondent(s)
Law: Pakistan Penal Code (Amendment) Act, 2010
Section: 302(b),367-A,34
Law: Criminal Procedure Code (V of 1898)
Section: 544-A, 382-B,161,162
Summary
This Supreme Court of Pakistan judgment addresses criminal petitions arising from the conviction of Zunair Younas and his co-accused for the abduction, commission of sodomy, and subsequent murder of Nauman Hanif. The case was built primarily on circumstantial evidence, with the prosecution relying on motive, last seen evidence, and recoveries made on the accused’s pointation. The judgment provides a detailed legal analysis of the evidentiary value and admissibility of recoveries under Article 40 of the Qanun-e-Shahadat Order, 1984 (QSO), distinguishing it from confessional statements otherwise barred by law. The court also highlights procedural lapses in law enforcement practices regarding recoveries and stresses the limited scope of admissibility under Article 40 QSO.
Core Points
Case Background: Zunair Younas and Ali Hassan were accused of abducting, committing sodomy with, and murdering Nauman Hanif. The incident was reported via FIR No.243/2013 under Sections 302, 367-A, and 34 of the Pakistan Penal Code (PPC)1.
Trial Court Decision: Both accused were convicted under Section 302(b) read with Section 34 PPC. Zunair Younas received a death sentence; Ali Hassan was sentenced to life imprisonment. Compensation was ordered under Section 544-A of the Code of Criminal Procedure (CrPC)1.