| Citation(s) |
|---|
| 2026 SLG 4343 = 2026 SLD 4343 = 2026 SCP 252 |
Supreme Court of Pakistan
JAIL PETITION NO. 321 OF 2019 AND CRIMINAL PETITION NO. 1109-L OF 2019 (On appeal against the judgment dated 16.05.201 9 of the Lahore High Court, Lahore in Cr. Appeal Nos. 2104, 2105, 2125, 2130, 2131, 2132, 2266, 2261 & 2301 of 2016 and Capital Sentence Reference No. 23-T/ 2016)
Presented By: JUSTICE MALIK SHAHZAD AHMAD KHAN JUSTICE AQEEL AHMED ABBASI JUSTICE SHAKEEL AHMAD
Rana Abdul Majeed, ASC Mr. Muhammad Usman Mirza, AOR
JAIL PETITION NO. 321 OF 2019 AND CRIMINAL PETITION NO. 1109-L OF 2019 (On appeal against the judgment dated 16.05.201 9 of the Lahore High Court, Lahore in Cr. Appeal Nos. 2104, 2105, 2125, 2130, 2131, 2132, 2266, 2261 & 2301 of 2016 and Capital Sentence Reference No. 23-T/ 2016)
Presented By: JUSTICE MALIK SHAHZAD AHMAD KHAN JUSTICE AQEEL AHMED ABBASI JUSTICE SHAKEEL AHMAD
Rana Abdul Majeed, ASC Mr. Muhammad Usman Mirza, AOR
(i) Muhammad Irfan (ii) Muhammad Riaz (iii) Mehdi Khan (In JP 321/2019) The State (In Cr.P. 1109-L/2019) ... Petitioners
VERSUS
The State Muhammad Hanif etc (In JP 321/2019) (In Cr.P. 1109-L/2019) ...Respondents
Law: Pakistan Penal Code, 1860
Section: 302(b),364,353,337-F(i),337-F(v),337-L(ii),148,149
Law: Anti-Terrorism Act, 1997
Section: 7(a),7(g),7(h),21-I,21-L
Law: Code of Criminal Procedure, 1898
Section: 382-B,161
Short Summary The Supreme Court of Pakistan acquitted Muhammad Irfan, Muhammad Riaz and Mehdi Khan in the Kot Radha Kishan brick-kiln case because the prosecution evidence contained material contradictions, inconsistencies between the FIR and witness statements, and insufficient independent corroboration. The Court held that the prosecution failed to prove the charges beyond reasonable doubt and extended the benefit of doubt to the petitioners. The State’s challenge against the acquittal of 102 co-accused was also dismissed because acquitted persons enjoy a double presumption of innocence. Core Points The case concerned the deaths of Sajjad Masih and Saima alias Shama, who were allegedly thrown into a brick-kiln furnace by a mob. The petitioners were convicted by the Anti-Terrorism Court and their convictions were upheld by the High Court. The prosecution witnesses gave conflicting accounts regarding: The persons who dragged the deceased. The persons who threw them into the furnace. The presence and roles of the petitioners. Muhammad Irfan was not named in the FIR, although the later evidence assigned him a central role. Muhammad Riaz was named in the FIR but was not assigned the specific role later attributed to him by witnesses. Most co-accused allegedly assigned similar roles had already been acquitted. Injuries to police witnesses established their presence but did not automatically prove their credibility. The prosecution failed to provide independent corroboration for the evidence against the petitioners. The Court held that even one reasonable circumstance creating doubt is sufficient to entitle an accused to acquittal. The convictions and sentences were set aside, and the three petitioners were acquitted. The State’s petition against the acquittal of 102 accused was dismissed. Laws and Sections Law Section Subject/Offence Court’s Treatment Pakistan Penal Code, 1860 302(b) Qatl-i-amd/murder Death sentence on two counts was imposed by the trial court but later set aside by the Supreme Court. Pakistan Penal Code, 1860 364 Kidnapping or abduction in order to murder Charge included in the FIR and trial proceedings. Pakistan Penal Code, 1860…