Law: Pakistan Penal Code, 1860

Section: 302 , 302(b)

Law: Code of Criminal Procedure, 1898

Section: 544-A ,382-B

Summary The Supreme Court acquitted Ghulam Shabbir because the eyewitness account was unnatural—three men allegedly watched the murder but neither intervened nor chased the accused—and the alleged blood-stained jersey was recovered under doubtful circumstances. The DNA match alone, without reliable recovery, secure chain of custody, or independent corroboration, could not sustain a conviction under Section 302(b) PPC. Core points FIR No. 71/2017, PS Sadar Jhang, alleged Qatl-i-Amd of Mst. Tasleem Akhtar by strangulation with a rope. Trial court convicted the accused under Section 302(b) PPC and awarded death; the High Court maintained conviction but reduced the sentence to life imprisonment. The Court found the eyewitnesses' conduct highly improbable: three adult men, including the deceased's husband, allegedly saw the strangulation but did not stop it, apprehend the accused, or pursue him after he escaped over a 7-foot wall. The alleged jersey bearing the victim's DNA was recovered from an unlocked trunk in a house not shown to be in the accused's exclusive possession; no independent witnesses or occupants were associated with the recovery. There was a 15-day gap between the incident and arrest, making it implausible that the accused would retain blood-stained clothes instead of destroying them. The record did not establish the condition, preservation, or malkhana custody of the garments before forensic testing. The rope contained DNA from three persons, with two unidentified contributors; other garments had unexplained or excluded DNA sources, weakening the prosecution's forensic chain. The Court held that a DNA blood match is strong only when corroborated by a reliable evidentiary chain connecting the accused, the recovered article, and the offence; it cannot be conclusive in isolation. The petition was converted into an appeal, allowed, and the accused was acquitted; the connected petition for enhancement was dismissed. Law and sections Law / Provision Subject Application in judgment Section 302 PPC Qatl-i-Amd (intentional murder) Accused was charged with murdering Mst. Tasleem Akhtar by strangulation. Section 302(b) PPC…