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Circumstantial Evidence must be strong and leave no room for doubt, especially in cases involving Capital Punishment --- Islamabad High Court, Islamabad

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Circumstantial Evidence must be strong and leave no room for doubt, especially in cases involving Capital Punishment --- Islamabad High Court, Islamabad

Islamabad 31-10-2024: In a significant ruling, the Islamabad High Court (IHC) has acquitted Syed Abdul Basit Shah, initially sentenced to death for the alleged murder of his sister-in-law, Ayesha Shabbir, citing the prosecution’s failure to prove the case beyond reasonable doubt. The verdict, delivered by a bench of the Islamabad High Court (IHC), highlights critical deficiencies in the prosecution’s evidence and underscores the Court’s commitment to safeguarding the rights of the accused.

The case, which has garnered considerable public attention, stemmed from accusations by the complainant, Syed Shabbir Hussain Shah Bukhari, the father of the deceased, who alleged that his daughter was subjected to inhumane treatment by her in-laws, culminating in her death. The initial trial Court convicted Abdul Basit Shah, attributing his alleged involvement to familial tensions and a purported motive to remarry the deceased’s husband. The trial Court’s decision, however, was challenged by Shah in the Islamabad High Court (IHC).

In reviewing the appeal, the Islamabad High Court (IHC) noted multiple inconsistencies in the prosecution’s case. Central to the Court’s decision was the inconclusive forensic evidence presented. The Court observed significant procedural lapses, including an unreliable chain of custody for forensic samples and inconsistencies in medical reports. The forensic reports, which were heavily relied upon in the initial conviction, lacked clarity on the samples’ integrity, casting doubt on their admissibility.

Furthermore, the Court pointed to the absence of direct evidence linking the accused to the crime, with the prosecution’s case hinging largely on circumstantial evidence. The Islamabad High Court (IHC) underscored the principle that circumstantial evidence must be strong and leave no room for doubt, especially in cases involving capital punishment.

A notable aspect of the judgment was the Court’s critique of procedural deficiencies under Section 174 of the Code of Criminal Procedure (CrPC), particularly concerning the handling of inquest reports and forensic evidence. The Court also cited established case law on the benefit of doubt principle, drawing from decisions such as Muhammad Akram Vs. The State (2009 SCMR 230) and Tariq Pervez Vs. The State (1995 SCMR 1345), which assert that any reasonable doubt should lead to acquittal.

The Islamabad High Court (IHC), in a strongly worded decision, emphasized that the prosecution bears the burden of proving the accused’s guilt beyond reasonable doubt. Given the inconsistencies and procedural lapses, the Court ruled that Shah was entitled to the benefit of doubt, ultimately setting aside the conviction and ordering his immediate release.

This ruling reinforces the Islamabad High Court (IHC) stance on the importance of credible and procedurally sound evidence in capital cases and serves as a critical reminder of the protections afforded to accused individuals under Pakistan’s judicial system.