Supreme Court of Pakistan Acquits Convict due to Unreliable Forensic Evidence, and Contradictory Witness Statements

Islamabad 14-03-2025: The Supreme Court of Pakistan has acquitted a death row convict, citing serious procedural irregularities, unreliable confessional statements, and lack of forensic integrity in the prosecution’s case. The Apex Court overturned the Peshawar High Court’s 2018 decision, which had upheld the death sentence awarded by the trial Court.  

The accused was convicted and sentenced to death under Section 302(b) of the Pakistan Penal Code (PPC) for the murder of two deceased in 2004. The Peshawar High Court confirmed the sentence in 2018. However, upon appeal, the Supreme Court of Pakistan scrutinized the evidence and found significant inconsistencies, leading to his acquittal.  

The Court found that accused’s confessional statement was recorded under dubious circumstances and violated Section 364 of the Criminal Procedure Code (Cr. P.C.). The confession was not recorded in the Magistrate’s handwriting and lacked a required certification.  

The Court highlighted that the crime weapon and bullet empties were sent together for forensic testing, which is a serious violation of evidence handling protocols. Such mishandling raises concerns of fabrication and renders forensic reports unreliable.  

The prosecution failed to establish any motive for the crime, weakening the case further. Additionally, key witnesses gave contradictory statements, with some testifying based on hearsay evidence, making their testimonies inadmissible.  

Relying on past Supreme Court of Pakistan judgments, including Muhammad Hassan Vs. State (2024 SCMR 1427) and Asia Bibi Vs. State (PLD 2019 SC 64), the Court ruled that where reasonable doubt exists, the benefit must go to the accused.  

In its ruling, the Supreme Court of Pakistan set aside the conviction and ordered accused’s immediate release, emphasizing that procedural lapses in criminal trials cannot sustain a death sentence.

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