AHMED vs THE STATE
This matter concerns a petition for leave to appeal against a conviction in a criminal case involving an alleged murder. The petitioner challenges the conviction, which was primarily based on an extra-judicial confession made to a relative of the deceased and the recovery of the deceased's body. The core legal question is whether the lower courts adhered to the established principles for the safe administration of criminal justice, particularly given the nature of the evidence presented—specifically, the reliability of the extra-judicial confession and the circumstances surrounding the recovery of the dead body. The Supreme Court granted leave to appeal to examine whether the impugned judgment properly applied these principles in light of the evidentiary challenges raised by the petitioner, including the contention that the extra-judicial confession was inherently improbable and that the recovery process lacked the petitioner's involvement. The court's decision to grant leave signifies that the conviction requires a deeper judicial review to ensure that the standards of proof and safe administration of justice were not compromised during the trial and appellate stages.
- Whether a conviction based primarily on an extra-judicial confession and recovery of a dead body meets the standards for safe administration of justice?
- Does the absence of the accused at the time of the recovery of the dead body undermine the prosecution's case?
ORDER
' TASSADUQ HUSSAIN JILLANI, J.--- Submits that it was an unwitnessed occurrence; that conviction has been recorded on the basis of extra judicial confession allegedly made by the petitioner and his co-accused Munir Ahmad and recovery of dead body of Zaka Ullah deceased on the pointation of Munir Ahmad co-accused and the motive was allegedly attributed to the petitioner. Inter alia contends that the so-called extra judicial confession allegedly made before a close relative of Zaka Ullah deceased is repellant to common sense; that a bare reading of the statement of P.W.4 Javed Iqbal F.C. Who escorted the dead body to mortuary reflects that the dead body was recovered from a pit by police in the presence of the residents of the area and there is no reference to petitioner being there at the time of recovery.
2. Having heard petitioner's learned counsel, leave is granted to consider whether the principles for safe administration of justice have been adhered to while passing the impugned judgment.
Cited by 1 case
- Muhammad Farooq vs The State and another 2020 P Cr. L J 885