| Citation(s) |
|---|
| 2025 SLG 1448 2025 SLD 1448 = 2025 SCP 212 = 2025 SCMR 1399 |
CRIMINAL APPEAL NO.212 OF 2023 (Against the judgment dated 29.06.2021 in Crl.Jal Appeal No.D-18 of 2014 with Murder Reference/confirmation case No.6 of 2014)
MR. JUSTICE MUHAMMAD HASHIM KHAN KAKAR MR. JUSTICE ISHTIAQ IBRAHIM MR. JUSTICE ALI BAQAR NAJAFI
Anis Muhammad Shahzad, Advocate Supreme Court for Appellant. Siraj Ali Khan, Additional Prosecutor General, Sindh for the State. Date of hearing: 15th May, 2025.
Muhammad Wajid ...Appellant(s)
VERSUS
The State ...Respondent(s)
Law: Pakistan Penal Code, 1860
Section: 302(b),376
Law: Code of Criminal Procedure, 1898
Section: 544-A, 382-B, 164
Summary of Judgment
The case involves Muhammad Wajid, who was tried for the rape and murder of Malaika, a minor girl aged about 5½ years, under Sections 302 and 376 of the Pakistan Penal Code (PPC). The trial court convicted him on both counts, sentencing him to death for murder and life imprisonment for rape. The High Court, on appeal, acquitted him of rape (Section 376 PPC) but upheld the murder conviction (Section 302(b) PPC) and confirmed the death sentence. Upon further appeal, the Supreme Court re-examined the evidence and, while maintaining the murder conviction, commuted the death sentence to life imprisonment due to certain mitigating circumstances, including inconsistencies in the prosecution's evidence and the appellant's prolonged incarceration.
(a) Criminal trial---
----Circumstantial evidence---Conviction---Scope---Conviction can be recorded even in case carrying capital punishment on the basis of circumstantial evidence if it excludes all hypothesis of innocence of accused---However, circumstantial evidence should be accepted with great caution and has to be scrutinized minutely for reaching the conclusion that no plausible conclusion can be drawn except guilt of the accused.
Munawar Hussain v. Imran Waseem 2013 SCMR 374 rel.