Case Details

Citation(s)
2025 SLG 4888 2025 SLD 4888 = 2025 SCP 434 = 2026 SCMR 955
Supreme Court of Pakistan
CRIMINAL PETITION NO.1674 OF 2021 (On appeal against the judgment dated 09.06.2021 of the Peshawar High Court, Mingora Bench (Dar ul Qaza) Swat passed in Crl. Appeal No.16-M/2020 with M. R. No.7 of 2020) and Crl. Appeal Nos.240-M/2016 and 42-M of 2020)
Mr. Justice Athar Minallah Mr. Justice Irfan Saadat Khan Mr. Justice Malik Shahzad Ahmad Khan
Syed Kausar Ali Shah, Addl.AG KPK

Said-ur-Rehman and another … Petitioners

VERSUS

The State and another … Respondents

Law: Code of Criminal Procedure, 1898

Section: 154,156(3),164,342, 382-B

Law: Pakistan Penal Code (PPC),1860

Section: 302,147, 148,201,202,297

Law: Qanoon-e-Shahadat Order, 1984

Section: 38,40

Summary

The judgment acquitted appellants Said-ur-Rehman and Noor Rehmat of murder charges due to serious procedural and evidential deficiencies. The investigation was flawed, including illegal arrest before FIR registration, unreliable judicial confessions recorded under dubious circumstances, and weak physical evidence with delayed forensic analysis. The prosecution failed to prove guilt beyond reasonable doubt, highlighting systemic issues in police investigation and prosecution. Consequently, convictions and sentences of death were overturned, and the appellants were released.

Core Points

  • Criminal petition of appellants converted into appeal and allowed; convictions overturned.
  • Serious lapses in police procedure, including failure to register FIR under section 154 Cr.P.C.
  • Magistrate lacked authority to order inquiry under section 156(3) Cr.P.C. before FIR registration.
  • Arrest of appellants was illegal due to absence of lawful authority pre-FIR.
  • Judicial confessions under section 164 Cr.P.C. were recorded in questionable circumstances and lacked corroboration.
  • Physical evidence recovery was delayed and inconsistent with medical evidence.
  • Forensic Science Laboratory report's reliability undermined by procedural lapses.
  • Prosecution case was entirely circumstantial with contradictory witness testimony.
  • Benefit of doubt extended to appellants leading to acquittal.
  • Judgment criticized systemic flaws in criminal justice, police investigation, and prosecution.

Relevant Laws and Sections

Law / Provision Description
Section 154, Cr.P.C. Registration of FIR upon cognizable offense
Section 156(3), Cr.P.C. Magistrate's power to order investigation after FIR registration
Section 164, Cr.P.C. Recording judicial confession with procedural safeguards
Section 342, Cr.P.C. Statements of accused before trial
Section 302 PPC Punishment for murder
Section 147, 148 PPC Punishment for unlawful assembly and rioting
Section 201 PPC Causing disappearance of evidence
Section 202 PPC Intentional omission to give information of offense
Section 297 PPC Injury to places of worship
Section 382-B, Cr.P.C. Benefit of appeal provisions for accused
Article 38, Qanoon-e-Shahadat Confession to police officer inadmissible
Article 40, Qanoon-e-Shahadat Confession leading to discovery admissible

 

JUDGMENT

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