| Citation(s) |
|---|
| 2025 SLG 5021 2025 SLD 5021 = 2025 SCP 444 |
Crl. PLA No. 467 of 2023
Zahid Zakir Jaffar
VS
. The State through Advocate General Islamabad
Law: Pakistan Penal Code, 1860
Section: 302(b), 376
Law: Code of Criminal Procedure, 1898
Section: 342,465
Law: Police Rules, 1934
Section: 25.37
Summary:
The petitioner was convicted and sentenced to death for the brutal murder of Noor Muqaddam, supported by evidence including FIR, CCTV footage, DNA match, and medical reports. The delay in lodging FIR and conducting the postmortem was justified by the shock and procedural context. The petitioner’s defense claiming insanity and intoxication was unsupported. The court upheld the conviction based on strong circumstantial evidence despite minor discrepancies and highlighted the case as a social warning against illicit relationships.
Core points:
- FIR registered based on Shaukat Ali Muqaddam's complaint about his daughter’s murder on 19.07.2021, with some delay justified by traumatic shock.
- Petitioner nominated initially, later others were implicated.
- Delay in lodging FIR and conducting postmortem not fatal to prosecution's case.
- CCTV footage showed petitioner assaulting deceased and snatching her mobile phone; mobile recovered from petitioner.
- Petitioner's defense about drug party and insanity rejected due to lack of medical and factual evidence.
- Motive is not necessary to prove the petitioner’s guilt.
- Semen matching petitioner’s DNA found on deceased; death sentence for murder converted to life imprisonment for rape.
- Minor discrepancies and procedural delays do not affect credibility of prosecution evidence.
- Case seen as a consequence of “living relationship†against social and religious norms.
Laws and Sections:
| Law/Section | Description |
|---|---|
| Section 302(b) PPC | Murder, Tazir (discretionary punishment) |
| Section 376 PPC | Rape |
| Section 342 Cr.P.C. | Statement of accused during trial |
| Section 465 Cr.P.C. | Application for grant of bail |
| Section 25.37 Police Rules, 1934 | Postmortem procedures |
ADDITIONAL NOTE