| Citation(s) |
|---|
| 2026 SLG 1557 2026 SLD 1557 = 2026 SCP 95 |
Supreme Court of Pakistan
JAIL PETITION NO.250 OF 2023 (On appeal against the judgment dated 21.06.2023, passed by the Lahore High Court, Lahore in Criminal Appeal No.18090 of 2019 and Murder Reference No.105 of 2019)
Presented By: MR. JUSTICE MUHAMMAD HASHIM KHAN KAKAR MR. JUSTICE SALAHUDDIN PANHWAR MR. JUSTICE ISHTIAQ IBRAHIM
Mr. Tariq Siddique, Addl. PG, Punjab
JAIL PETITION NO.250 OF 2023 (On appeal against the judgment dated 21.06.2023, passed by the Lahore High Court, Lahore in Criminal Appeal No.18090 of 2019 and Murder Reference No.105 of 2019)
Presented By: MR. JUSTICE MUHAMMAD HASHIM KHAN KAKAR MR. JUSTICE SALAHUDDIN PANHWAR MR. JUSTICE ISHTIAQ IBRAHIM
Mr. Tariq Siddique, Addl. PG, Punjab
Abdul Razaaq …Petitioner(s)
VERSUS
The State …Respondent(s)
Law: Pakistan Penal Code, 1860
Section: 302(b),364-A,376
Law: Code of Criminal Procedure, 1898
Section: 544-A,342,340(2),173
Law: Qanun-e-Shahadat Order, 1984
Section: 122
Summary: The Supreme Court dismissed the jail petition of the petitioner (convict) and refused leave to appeal, upholding conviction and death sentences for kidnapping, rape, sodomy and murder of a minor (Fiza Noor, aged ~5–6). The decision was based on reliable eyewitness “last seen” testimony, independent witnesses who found the body in a bag, medical evidence proving sexual assault and smothering, and DNA matches linking the petitioner to semen and nail swabs; the Court found the chain of circumstantial evidence complete and rejected the petitioner’s denial and failure to give a plausible explanation. Core points: Occurrence and identification Minor Fiza Noor abducted on 02.07.2018 from Muzaffar Colony, Faisalabad; initially FIR named unknown person. Informant (PW-6) witnessed abduction and later identified the recovered body as his niece. Last-seen evidence: independent witness Safdar Ali (PW-7) saw petitioner with the child shortly after abduction, entering his house on a Honda 125cc motorcycle. Recovery of body: Muhammad Tayyab Javed (PW-2) found a bag fall from petitioner’s motorcycle; bag contained the dead child. Forensic recovery: buccal swabs, shalwar, shopper, nail swabs from scene; towels, pants with suspected stains from petitioner’s house Medical evidence: post-mortem showed ante-mortem injuries, fresh tears to hymen and anal lacerations, anal sphincter damage, vaginal and anal bleeding; cause of death asphyxia due to smothering. DNA evidence: PFSA matched petitioner’s DNA with sperm fractions from vaginal and anal swabs and nail swab of deceased, strongly corroborating sexual assault by petitioner. Additional investigative steps: petitioner intercepted at airport, passport/CNIC/mobile recovered, polygraph and DNA tests done, later recovered motorcycle, catcher and chappals by disclosure. Court’s evaluation: prosecution proved kidnapping, rape, sodomy and murder beyond reasonable doubt via last-seen, medical and DNA evidence; petitioner gave no satisfactory explanation and did not testify under oath. Sentencing rationale: death sentences for Sections 302(b), 364-A and 376 PPC affirmed as…