Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Code of Criminal Procedure, 1898

Section: 544-A,382-B

Summary

The Supreme Court set aside the convictions of Muhammad Waseem and Muhammad Akram under Section 302(b) PPC, acquitting them by extending benefit of doubt due to material contradictions and procedural lapses in the prosecution’s case. Crucial factors included failure to secure the source of light, delayed and dubious recovery of weapons, absence of independent witnesses, and unexplained discrepancies in evidence. The judgments of the trial court and Lahore High Court were reversed, with the accused ordered to be released if not required in another case.

Core Points

• Joint appeals of two accused under Section 302(b) PPC were dismissed by High Court; convictions and sentences upheld.
• Supreme Court found contradictions and doubts in witness testimonies, especially about identification and recovery procedures.
• The source of light at the crime scene was not secured or examined.
• Key forensic protocols (e.g., timely weapon recovery, DNA analysis) were not properly followed.
• No independent witnesses were associated with the weapon recovery.
• Multiple legal precedents held that even minor doubts require acquittal as a matter of right.
• Petition was converted to an appeal and allowed; both accused acquitted by Supreme Court benefit of doubt.

Laws and Sections 

JUDGMENT