BILAL AHMAD vs THE STATE
This appeal by leave of the Court is directed against the judgment of the Lahore High Court confirming the death sentence awarded to the appellant for murder. The core legal question revolves around the re-appraisal of prosecution evidence, particularly the credibility of ocular testimony and the probability of the alleged motive for the crime. The Supreme Court held that while the ocular testimony of the natural witnesses inspiring confidence and corroborated by medical evidence establishes the guilt of the appellant, the motive set up by the prosecution—attempting to commit rape in broad daylight in the presence of close relatives—is improbable and shrouded in mystery. Consequently, the Court partly accepted the appeal, maintained the conviction under Section 302 of the Pakistan Penal Code 1860, but altered the sentence of death to imprisonment for life with the benefit of Section 382-B of the Code of Criminal Procedure 1898. The key principle laid down is that an improbable or unproven motive in a capital case can operate as a mitigating circumstance warranting the reduction of a death sentence to imprisonment for life.
- Whether an improbable motive can serve as a mitigating circumstance to reduce a sentence of death to imprisonment for life?
- Does the presence of natural eye-witnesses corroborated by medical evidence suffice to maintain a murder conviction?
- Can the Supreme Court re-appraise prosecution evidence in a criminal appeal arising from concurrent findings of lower courts?
- Section 302, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
' SH. IJAZ NISAR, J.---This appeal, with the leave of the Court, is directed against the judgment, dated 6-6-1995, passed by the Lahore ' High Court, whereby it confirmed the sentence of death awarded to the appellant by the learned trial Court.
2. On 7-2-1991 a case under section 302, P.P.C. Was registered against Bilal Ahmad appellant on the statement of Habibullah P.W.1. Father of Mst. Rabia Bibi deceased on the allegations that at about 1- 00 p.m. Bilal Ahmad appellant called the deceased inside his residential room and tried to commit rape upon her and when she resisted he fired pistol shots at her within the sight of Habibullah P.W.
1., Saifullah P.W.2. And Jamil Akhtar (not examined) which resulted in her death. Mst. Rabia Bibi deceased was stated to be married to the step-brother of Bilal Ahmad appellant.
3. The learned trial Court relying on the testimony of Haibiullah P.W.1 and Saifullah P.W.2 convicted the appellant under section 302, P.P.C. And sentenced him to death.
4. Leave was granted by this Court on 17-9-1995 to re-appraise the prosecution evidence and whether it was believable that the appellant would venture to catch the deceased at such an odd hour to fulfil his sexual lust.
5. So far as the ocular testimony as furnished by Habibullah and Saifullah P.Ws. Is concerned. We see no defect in the same as both were the natural witnesses and stand corroborated by the medical evidence. However, the motive set up by them for the occurrence appears to be improbable, for, there were no walls of Ahata where the appellant was residing and was alleged to have forcibly taken the deceased to his Kotha. Furthermore, he would not have dared do so in the day light when the father and brother of the deceased were also present in the close proximity. The appellant is stated to be a married person having grown up daughters, in this view of the matter, it is unbelievable that he would force his brother's wife to subject herself to his sexual lust and that too during day time in the presence of her close relations.
6. Taking stock of these factors, we think that the motive is shrouded in mystery which entitles the appellant to lesser sentence provided for the offence of murder. We, therefore, partly accept the appeal and while maintaining his conviction alter his sentence from death to imprisonment for life plus the same fine/compensation as awarded by the learned trial Court with benefit of section 382-B, Cr.P.C.
Cited by 3 cases
- MUHAMMAD SAFDAR Versus State 2008 YLR 997
- AMAN KHAN Versus THE STATE 2004 PCRLJ 568
- IMTIAZ AHMAD vs THE STATE 2001 SCMR 1334