| Citation(s) |
|---|
| 2026 SLG 3720 = 2026 SLD 3720 |
Criminal Appeal No. 433 of 2023 Murder Reference No. 25 of 2023
Presented By: (ACTING CHIEF JUSTICE) (MUHAMMAD ASIF) JUDGE
APPELLANT BY : Syed Hassan Abbas, Advocate. RESPONDENT NO.2 BY : Ch. Gulfam Ashraf Goraya, Advocate. STATE BY : Mr. Adnan Ali, Deputy District Public Prosecutor. Mr. Tabarak, A.S.I. DATE OF DECISION : 22.05.2025.
Muhammad Niaz alias Aalian.
VS
. The State and another. & The State. Vs. Muhammad Niaz alias Aalian.
Law: Pakistan Penal Code (PPC),1860
Section: 302(b), 397
Law: Code of Criminal Procedure, 1898
Section: 161, 173, 343, 374, 382-B, 544-A
Law: Constitution of Pakistan 1973
Section: 10-A
Tagline
Benefit of Doubt – Conviction Cannot Be Sustained on Unreliable Sole Eyewitness Testimony, Weak Recovery, and Non-Corroborative Medical Evidence.
Case Summary
The appellant, Muhammad Niaz alias Aalian, was convicted by the trial court under Sections 302(b) and 397 PPC for the murder and robbery of Khurram Akbar (Advocate) and was sentenced to death, seven years' imprisonment, compensation of Rs.500,000, and fine. The conviction was based primarily on the testimony of a single eyewitness (PW-6), alleged recovery of the deceased's vehicle and weapon, and medical evidence.
The Islamabad High Court carefully reappraised the entire evidence and found that the prosecution had failed to prove the case beyond reasonable doubt.