Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Code of Criminal Procedure, 1898

Section: 382-B, 410 , 342

Summary:In Criminal Appeal No. 527 of 2011, the appellant Shafqat Hussain was convicted and sentenced to life imprisonment for the murder of his sister-in-law, Safia Bibi, under Section 302(b) PPC by the trial court. The main evidence against him was the judicial confession of his co-accused, Abid Khan (since deceased). The High Court, after reassessing the evidence, found the confession and other prosecution evidence unreliable and inadequate to prove the appellant's guilt beyond reasonable doubt. There were significant doubts about the voluntariness and truthfulness of the confession and absence of corroborative evidence linking the appellant to the murder. Accordingly, the appeal was allowed, the appellant was acquitted, and the criminal revision for enhancement of punishment was dismissed.Core Points:Appellant Shafqat Hussain was convicted under Section 302(b) PPC for murdering Safia Bibi.The conviction was primarily based on the judicial confession of co-accused Abid Khan.The confession was considered doubtful because it was made while in police custody with a potential threat of a death sentence.No direct eyewitness to the murder; the incident was unwitnessed.Enmity existed between appellant and complainant, providing motive for false implication.Recovery of a pistol had no direct link connecting appellant to murder, as the weapon was found at co-accused’s house.The prosecution failed to meet the standard for conviction based on circumstantial evidence as per…

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