| Citation(s) |
|---|
| 2026 SLG 1638 2026 SLD 1638 = 2026 SCP 134 |
Supreme Court of Pakistan
Jail Petition No.136/2025 and Criminal Petitions No.575, 679 & 756 of 2025 (On appeal against the Judgment dated 27.03.2025 passed by the Islamabad High Court, Islamabad in Criminal Appeals No.211/23, 212/23, 228/23, 209/23 and Murder Reference No.10/23)
Presented By: Mr. Justice Muhammad Hashim Khan Kakar Mr. Justice Salahuddin Panhwar Mr. Justice Ishtiaq Ibrahim
Mr. Adnan Ali, D.D.P.P., Islamabad.
Jail Petition No.136/2025 and Criminal Petitions No.575, 679 & 756 of 2025 (On appeal against the Judgment dated 27.03.2025 passed by the Islamabad High Court, Islamabad in Criminal Appeals No.211/23, 212/23, 228/23, 209/23 and Murder Reference No.10/23)
Presented By: Mr. Justice Muhammad Hashim Khan Kakar Mr. Justice Salahuddin Panhwar Mr. Justice Ishtiaq Ibrahim
Mr. Adnan Ali, D.D.P.P., Islamabad.
Aftab Zafar (in J.P.136/2025) Hamza Jahangir (in Crl.P.L.A.No.575/2025) Muhammad Yasir (in Crl.P.L.A.No.679/2025) Mukhtar Ahmad Khan Rathore (in Crl.P.L.A.No.756/2025) ....Petitioner
VERSUS
The State (in J.P.136/2025) The State thr A.G. Ibd. & another (in Crl.P.L.A.No.575 & 679 of 2025) Asad Mumtaz and another (in Crl.P.L.A.No.756/2025) …Respondent(s)
Law: Pakistan Penal Code (PPC),1860
Section: 364-A
Law: Code of Criminal Procedure, 1898
Section: 164, 173 ,342 ,382-B ,544-A
Law: Qanun-e-Shahadat (10 of 1984)
Section: 40
Summary The Supreme Court consolidated multiple appeals arising from the Islamabad High Court’s upholding of convictions and death sentences for three accused (Aftab Zafar, Hamza Jahangir, Muhammad Yasir) for the abduction and murder of a five-year-old, and the acquittal of a fourth (Asad Mumtaz). The Court found the prosecution’s circumstantial and forensic evidence (DNA, fingerprints, recoveries, confessions, witness testimony) formed a coherent chain proving guilt beyond reasonable doubt, but noted residual inconsistencies that mitigated against capital punishment. Convictions were maintained, but the death sentences were commuted to life imprisonment with compensation orders; the acquitted accused’s appeal was dismissed. Core points Case context: consolidated petitions against Islamabad High Court judgment upholding trial court convictions for kidnapping and murder of a minor (Umar Rathore). Facts: child went missing 21.12.2019; complainant later named four suspects; body recovered from a rented ground-floor room concealed in an almirah. Arrests and recoveries: Aftab produced by his father; Yasir found carrying a key and mobile; Yasir guided police to the premises where the body was found using recovered key. Forensic corroboration: DNA from cigarette butts matched Yasir and Hamza; fingerprints on items matched Hamza, Aftab, and Yasir; no forensic traces of acquitted Asad Mumtaz. Witnesses: landlady confirmed tenancy to Aftab and presence of Yasir; multiple independent shopkeepers identified accused as purchasers of items consistent with the prosecution narrative. Confession/pointation: Hamza recorded a Section 164 Cr.P.C. statement; all three gave disclosures leading to recoveries and pointations. Legal finding on circumstantial evidence: the chain was coherent and confidence-inspiring, leaving no reasonable hypothesis of innocence, so convictions sustained. Sentencing: presence of residual doubt and infirmities in evidence led Court to commute death sentences to life imprisonment; ordered Rs. 500,000 compensation each under section 544-A Cr.P.C., with default months of simple imprisonment; concurrent sentences and benefit of section…