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Abscondence Alone cannot Prove Guilt without Substantive Evidence --- Supreme Court of Pakistan

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Abscondence Alone cannot Prove Guilt without Substantive Evidence --- Supreme Court of Pakistan

Islamabad 08-07-2024: In a significant decision, the Supreme Court of Pakistan has acquitted the petitioner, previously sentenced to death for the murder of Muhammad Akram. The judgment, announced by a bench comprising Mr. Justice Jamal Khan Mandokhail, Mr. Justice Syed Hasan Azhar Rizvi, and Mr. Justice Naeem Akhtar Afghan, overturned earlier rulings by the Additional Sessions Judge Sheikhupura and the Lahore High Court.

The petitioner, was convicted in 2012 for the murder of Muhammad Akram based on charges brought forward by Muhammad Anwar. The trial court sentenced Ali to death under Section 302(b) of the Pakistan Penal Code (PPC), with a compensation of Rs. 200,000 to be paid to the legal heirs of the deceased. The Lahore High Court later commuted the death sentence to life imprisonment in 2017.

Upon reviewing the case, the Supreme Court identified several critical inconsistencies and gaps in the prosecution's evidence; the investigation failed to collect blood-stained earth from the crime scene. There was a lack of recovery of crime empties or pellets from the scene. Contradictory statements were made regarding the collection of crime empties.

Key witnesses, who were close relatives of the deceased, had prior enmity with the convict, suggesting possible bias. The fact that these witnesses did not sustain any injuries despite being present during the incident raised further doubts.

The previous Courts had used the petitioner's abscondence as a significant factor in his conviction. However, the Supreme Court emphasized that abscondence alone cannot prove guilt without substantive evidence.

The Supreme Court concluded that the conviction was based on a misappreciation of evidence and that the prosecution failed to prove the charge beyond a reasonable doubt. As a result, the petitioner was acquitted of all charges, and the petition by the complainant for enhancing the sentence was dismissed.

The petitioner has been ordered to be released immediately unless he is required in another case. This landmark decision highlights the importance of thorough and unbiased evidence collection and the limitations of relying solely on abscondence for criminal convictions.

This ruling is a crucial reminder of the standards required for a fair trial and the necessity of eliminating reasonable doubt in criminal cases.