| Citation(s) |
|---|
| 2025 SLG 2050 2025 SLD 2050 = 2025 SCP 250 = 2026 PLD 126 |
Criminal Petition No.53-K of 2021 (Against judgment dated 15.03.2021 of the High Court of Sindh, Karachi passed in Crl. Appeal No.D-609/2018)
Mr. Justice Athar Minallah Mr. Justice Irfan Saadat Khan Mr. Justice Malik Shahzad Ahmad Khan
For the petitioner: Mr. Shahab Sarki, ASC For the Federation: Mr. Aamir Rehman, Addl. Attorney General For Govt. of Sindh: Mr. Saifullah, Additional Advocate General, Sindh(From Karachi Registry via video-link) For the State: Mr. Siraj Ali Chandio, Additional Prosecutor General, Sindh(from Karachi Registry via video-link) Complainant: In person. (From Karachi Registry via video-link) Amicus Curiae: Mr. Faisal Siddiqui, ASC Dates of hearing: 24.01.2025, 28.01.2025, 03.02.2025& 06.02.2025
Shahid Ali …Petitioner
VERSUS
The State …Respondent
Law: Pakistan Penal Code, 1860
Section: 302, 34
Law: Criminal Procedure Code (V of 1898)
Section: 173 , 164, 364, 544-A, 382-B
Law: Qanun-e-Shahadat Order, 1984
Section: 2(c) , 3, 37, 38, 39, 40
Law: Constitution of Pakistan, 1973
Section: 19A
Case Summary
The Supreme Court of Pakistan acquitted Shahid Ali, previously convicted and sentenced to death for the murder of a minor, Wasim Akram, extending him the benefit of doubt. The decision was based on the unreliability of circumstantial evidence, improper reliance on inadmissible confessional material, and the presence of significant procedural and evidentiary flaws during investigation and trial.
Key Points
Murder Case & Appeal: Shahid Ali was sentenced to death for the murder of Wasim Akram. The conviction relied on circumstantial evidence: "last seen" testimony, recovery of an alleged murder weapon, and a televised purported confession.
Circumstantial Evidence: The conviction was based solely on circumstantial evidence, without direct eyewitnesses. The "last seen" witness was deemed a "chance witness," whose presence at the scene was unconvincing and uncorroborated.