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Court sentences Zahir Jaffer to death for murder of Noor Mukadam

Appeals were filed in the Islamabad High Court on Friday praying upon the court to increase the sentence of Zahir Jaffer – convicted of Noor Mukadam's murder and sentenced to death – and two other accused in the case.

The appeals were filed on behalf of Noor's father, Shaukat Muqadam, by counsel Shah Khawar.One is against Zahir, and the other two are against convicts Jan Mohammad and Iftikhar who were Zahir’s domestic staff.

According to the appeal, there was digital evidence against the two and the trial court had given a reduced sentence.

It further maintained that the criminals should be given sentences according to the law and that Zahir was sentenced to death and 25 years of hard labour, while Jan Mohammad and Iftikhar were only sentenced to ten years in prison.

After four months of trials, a sessions court in Islamabad handed down the death penalty to Zahir Jaffer for the murder of Noor Mukadam while his employees, watchman Muhammad Iftikhar and gardener Mohammad Jan, were sentenced to 10 years in prison for abetting in the act.

However, Additional Sessions Judge Atta Rabbani acquitted his parents, Zakir Jaffer and Ismat Adamjee, as well as other suspects in the case including Therapy Works employees, from the charge of abetment.

Express Tribune
 
IHC moved against acquittal of nine accused in Noor murder case

ISLAMABAD:

An appeal was filed in the Islamabad High Court (IHC) on Saturday against the acquittal of nine accused in the Noor Mukadam's murder case.

The appeals were filed on behalf of Noor's father, Shaukat Mukadam, by lawyer Shah Khawar which challenged the acquittal of Zahir’s parents Zakir Jaffer and Ismat Adamjee and domestic helper Jamil.

The appeal also challenged the acquittal of six Therapy Works employees including its CEO Tahir Zahoor.

On February 24, a sessions court in Islamabad handed down the death penalty to Zahir Jaffer for the murder of Noor Mukadam while his employees, watchman Muhammad Iftikhar and gardener Jan Muhammad, were sentenced to 10 years in prison for abetting in the act.

However, Additional Sessions Judge Atta Rabbani acquitted his parents, Zakir Jaffer and Ismat Adamjee, as well as other suspects in the case including Therapy Works employees, from the charge of abetment.

“Digital evidence is available against the accused. The acquittal of the trial court was against the law,” the appeal stated. “The accused should be punished in accordance with the law.”

On March 11, the high court was moved to increase the sentence of Zahir Jaffer and two other accused in the case.

According to the appeal, there was digital evidence against the two domestic staffers and the trial court had given a reduced sentence.

https://tribune.com.pk/story/2347587/ihc-moved-against-acquittal-of-nine-accused-in-noor-murder-case
 
The Islamabad High Court (IHC) has fixed May 19 for hearing the appeals in the Noor Mukadam murder case, after the high court was unable to hear them today due to the unavailability of its division bench.

Justice Amir Farooq and Justice Sardar Ijaz Ishaq Khan will hear the appeals on the new date set by the IHC registrar’s office.

Zahir Zakir Jaffer, convicted for murdering Noor, has filed an appeal, while his work staff Iftikhar and Jan Mohammad have also filed appeals against their sentence.

Noor’s father, plaintiff Shaukat Mukadam has filed an appeal to increase the sentence of the convicts, as well as an appeal against the nine individuals acquitted in the case.

The state has filed separate appeals against the three convicts and nine acquitted.

A sessions court in Islamabad on February 24, handed down the death penalty to Zahir Jaffer for the murder of Noor Mukadam while his employees, watchman Muhammad Iftikhar and gardener Muhammad Jan, were sentenced to 10 years in prison for abetting in the act.

However, Additional Sessions Judge Atta Rabbani acquitted his parents, Zakir Jaffer and Ismat Adamjee, as well as other suspects in the case including Therapy Works employees, from the charge of abetment.

The judge issued a short order according to which Zahir had been sentenced to death under Section 302(b) (premeditated murder) of the Pakistan Penal Code (PPC).

However, the death sentence awarded to the convict shall be subject to confirmation by the Islamabad High Court (IHC).
 
IHC to hear pleas of Noor Mukadam case convicts on June 28

ISLAMABAD: The Islamabad High Court (IHC) will hear the petitions of the convicts in the Noor Mukadam murder case on June 28, 2022.

A local court in Islamabad had sentenced the prime accused, Zahir Jaffer, to death for killing Noor after a long-drawn trial of over four months. Meanwhile, co-accused Jan Muhammad and Muhammad Iftikhar — the gardener and security guard at Zahir's house — have been sentenced to 10 years in prison each.

A division bench, comprising Justice Amir Farooq and Justice Saman Rafat Imtiaz, will hear the convicts' petitions challenging the punishments awarded to them.

The IHC had deferred the hearing of the pleas on Monday due to the unavailability of the bench members.

The trial of the gruesome murder continued for four months and eight days. The trial court had finally reached a decision in the high-profile case after multiple twists and deferrals.

Read more: https://www.geo.tv/latest/422388-ihc-to-hear-pleas-of-noor-mukadam-case-convicts-on-june-28
 
IHC upholds death penalty for Noor Mukadam’s killer
Court converts Jaffer's 25-year imprisonment sentence with hard labour and Rs0.2 million fine also into death sentence for rape

A division bench of the Islamabad High Court (IHC) comprising Chief Justice Amir Farooq and Justice Arbab Muhammad Tahir upheld the death sentence awarded by the trial court to the main culprit, Zahir Jaffer, in the Noor Mukadam murder case.

During proceedings, parents, siblings and relatives of the deceased and the accused were present in the courtroom. Appeals against the sentence were dismissed by the court.

The IHC bench also converted the convict’s 25-year jail sentence into the death penalty for the rape of the deceased. The trial court had sentenced the co-criminals to 10 years in prison. The verdict of the death sentence was pronounced twice by the IHC. The bench had reserved the verdict on Dec 21. The main culprit and others had challenged the lower court decision in the Islamabad High Court.

The News PK
 
Zahir Jaffar, who was convicted for the murder of Noor Mukadam, filed an appeal in the Supreme Court on Sunday against the Islamabad High Court’s (IHC) decision to uphold his death sentence.

Noor, 27, was found murdered at Zahir’s residence in Islamabad’s upscale Sector F-7/4 on July 20, 2021. A first information report (FIR) was registered the same day against Zahir — the primary accused who was arrested from the site of the murder — under Section 302 (premeditated murder) of the Pakistan Penal Code (PPC) on the complaint of the victim’s father, Shaukat Mukadam, who is a retired diplomat.

On Feb 24, 2022, an Islamabad sessions court sentenced Zahir to death and awarded 10-year imprisonment to two co-accused Mohammad Iftikhar and Jan Mohammad. Zahir’s parents — Zakir Jaffar and Asmat Adamji — as well as TherapyWorks personnel, had been indicted by an Islamabad district and sessions court in October 2021 but were later acquitted by the sessions court when Zahir was sentenced.

DAWN
 
Why do they prolong the death sentence? Shouldn't the death sentence mean to kill the convict? Just be done with him. Otherwise these powerful people will keep trying to find ways to manipulate laws and get the guy to safety.
 
Why do they prolong the death sentence? Shouldn't the death sentence mean to kill the convict? Just be done with him. Otherwise these powerful people will keep trying to find ways to manipulate laws and get the guy to safety.

And that's EXACTLY what may happen.
Everything is for sale in Pakistan under this govt. Buy the judge and you have it your way.
 
And that's EXACTLY what may happen.
Everything is for sale in Pakistan under this govt. Buy the judge and you have it your way.

It's not just this govt. Apart from some little time after that APS attack in 2014, the death sentences have meant nothing in Pakistan for a long long time. They just put the inmates in jail and that's it.
 
Noor Mukadam, Sara Inam’s fathers call for speedy justice.

Noor Mukadam and Sara Inam’s fathers on Sunday demanded the courts for speedy trial of the murder cases to dispense justice and penalize the culprits, ARY News reported.

Shaukat Mukadam and Inamur Rahim, the fathers of two slain women including Noor Mukadam and Sara Inam’s – conducted a press conference today along with members of the civil society. Shaukat Mukadam said that Sara Inam had been murdered in a brutal way.

The [Noor Mukadam murder] case was later heard by the high court and her murderer [Zahir Jaffer] was awarded the death penalty on two counts by Islamabad High Court (IHC) Chief Justice Aamer Farooq. The murder case of my daughter is now being heard by the Supreme Court.

Shaukat demanded early hearing of the case, otherwise, the people would lose confidence in the courts due to the delay in justice.

Inamur Rahim said that her daughter was murdered a year ago. He said that he knew about [Shahnawaz Amir’s] mistreatment with Sara through her friends. We don’t know anything about the [Shahnawaz’s] family other than Ayaz Amir.”

He alleged that Shahnawaz wanted to collect money from his daughter. Police conducted a thorough investigation into the murder case. I am grateful to police for cooperating in the case.

Inam said that Shahnawaz’s lawyer tried to delay the case as he skipped hearings despite the appearance of the witnesses before the court. He also demanded the courts to dispense speedy justice and penalize the culprit.

Source: ARY News
 
Noor murder case: US officials meet death row inmate

RAWALPINDI: Officials of the US Embassy in Islamabad met with Zahir Jafar, a death row inmate in the Noor Muqadam murder case, at the Adiala Central Jail on Tuesday.

According to sources, the convict demanded access to lawyers and vegetarian food during the meeting with US officials. The head of the US delegation, Mitchell P Murphy, also gifted two books to the inmate.

Jail authorities said the three-member American delegation, which included the consul, Mitchell P Murphy, the security and operational officials of the embassy, Osama Hanif, and Qaiser Malik, approached Zahir Jaafar through the consular office of the American Embassy.

They said the officials reached the jail at around 1:15pm and met Zahir Jafar for about half an hour.

During the meeting, the US Consul inquired about Zahir Jafar's health, accommodation, and facilities in the jail.

Zahir Jafar demanded from the American delegation to allow him to meet his lawyers. Earlier this year, the Islamabad High Court (IHC) not only upheld the capital punishment awarded to Zahir Jaffer by a trial court but also turned his life imprisonment into a death sentence in a case relating to the rape and murder of Noor Mukadam.

The verdict, issued by a two-member divisional bench comprising Chief Justice Aamer Farooq and Justice Sardar Ejaz Ishaq Khan, was reserved on appeals filed against the punishment awarded to the convicts and acquittal of co-accused for the killing of the 27-year-old woman.

In its judgment, the IHC dismissed not only Zahir’s but also the pleas of his domestic help Mohammad Iftikhar and Mohammad Jan — both co-accused in the case — who had challenged the verdict of the trial court.

He earlier received a 25-year imprisonment sentence with hard labour and a fine of Rs0.2 million after the rape was proven.
 
What does this case have to do anything with America?
America likes to meddle in Pakistani affairs a lot.
 
After the Second World War, England was in the misery of defeats, and people were worried. Sir Churchill asked if our courts were working well. His cabinet members replied, yes. He said, then nothing has gone wrong.

The point is, if Pakistan had a good justice system, then we could have been one of the most developed countries.
 
Verdict of Sara Inam murder case to be announced on Dec 14

A local court in Islamabad on Saturday reserved its verdict on the plea for clemency from the prime suspect, Shahnawaz Amir, in the Sara Inam murder case. The court is set to announce its decision on December 14, Express News reported.

During the hearing at the District and Sessions Court in Islamabad today, Judge Nasir Javed Rana considered the arguments presented by the defence lawyer, Nisar Asghar, who was representing the accused's mother, Samina Shah.

Asghar vehemently asserted that the accusations against his client were unfounded, highlighting the absence of evidence connecting Samina Shah to the heinous murder. The court will now deliberate on the presented arguments, with the final verdict expected in a few days.

The defence lawyer asserted that there was no proof of Samina Shah's involvement or assistance in Sara Inam's murder. He further argued that the prosecution failed to provide fingerprint reports obtained from the crime scene by the forensic team, a crucial aspect typically collected in such investigations.

Asghar urged the court to acquit Samina Shah due to the absence of conclusive evidence.

In contrast, Prosecutor Rana Hasan Abbas, in his final arguments, refuted the defence's claims. Abbas highlighted medical reports indicating that Sara Inam suffered multiple injuries, contradicting the defecse's assertion of death due to the cessation of heart activity.

Abbas emphasised that Sara Inam's demise resulted from multiple fractures and injuries, not just a cessation of heart activity.

The prosecutor also pointed out the DNA match between Shahnawaz Amir and Sara Inam, suggesting a relationship. Abbas dismissed the possibility of another person's involvement in the murder, stating that no third person's DNA matched the samples.

Judge Nasir Javed Rana called Inamur Rehman, the father of the deceased, to the rostrum during the proceedings. The father of the deceased recalled that he did not want his daughter to marry the accused. He said that he was a father of three children with Sara remained his favourite.

He questioned why his daughter's voice did not reach Shahnawaz Amir's mother, suggesting she would have cried out in distress.

At this point, he became overwhelmed with emotions and cried seeking swift justice in the case.

He further claimed that Shahnawaz Amir and Samina Shah intentionally delayed informing the police after the accused allegedly committed murder.

On behalf of the plaintiff, lawyer Rao Abdul Rehman presented images and evidence from the crime scene, asserting Samina Shah's presence and alleging that she willingly shared a meal with the prime accused.

The lawyer argued that all evidence was collected based on information provided by Shahnawaz's mother at the crime scene. He concluded by urging the court to announce death sentence to the prime accused.
 
Verdict of Sara Inam murder case to be announced on Dec 14

A local court in Islamabad on Saturday reserved its verdict on the plea for clemency from the prime suspect, Shahnawaz Amir, in the Sara Inam murder case. The court is set to announce its decision on December 14, Express News reported.

During the hearing at the District and Sessions Court in Islamabad today, Judge Nasir Javed Rana considered the arguments presented by the defence lawyer, Nisar Asghar, who was representing the accused's mother, Samina Shah.

Asghar vehemently asserted that the accusations against his client were unfounded, highlighting the absence of evidence connecting Samina Shah to the heinous murder. The court will now deliberate on the presented arguments, with the final verdict expected in a few days.

The defence lawyer asserted that there was no proof of Samina Shah's involvement or assistance in Sara Inam's murder. He further argued that the prosecution failed to provide fingerprint reports obtained from the crime scene by the forensic team, a crucial aspect typically collected in such investigations.

Asghar urged the court to acquit Samina Shah due to the absence of conclusive evidence.

In contrast, Prosecutor Rana Hasan Abbas, in his final arguments, refuted the defence's claims. Abbas highlighted medical reports indicating that Sara Inam suffered multiple injuries, contradicting the defecse's assertion of death due to the cessation of heart activity.

Abbas emphasised that Sara Inam's demise resulted from multiple fractures and injuries, not just a cessation of heart activity.

The prosecutor also pointed out the DNA match between Shahnawaz Amir and Sara Inam, suggesting a relationship. Abbas dismissed the possibility of another person's involvement in the murder, stating that no third person's DNA matched the samples.

Judge Nasir Javed Rana called Inamur Rehman, the father of the deceased, to the rostrum during the proceedings. The father of the deceased recalled that he did not want his daughter to marry the accused. He said that he was a father of three children with Sara remained his favourite.

He questioned why his daughter's voice did not reach Shahnawaz Amir's mother, suggesting she would have cried out in distress.

At this point, he became overwhelmed with emotions and cried seeking swift justice in the case.

He further claimed that Shahnawaz Amir and Samina Shah intentionally delayed informing the police after the accused allegedly committed murder.

On behalf of the plaintiff, lawyer Rao Abdul Rehman presented images and evidence from the crime scene, asserting Samina Shah's presence and alleging that she willingly shared a meal with the prime accused.

The lawyer argued that all evidence was collected based on information provided by Shahnawaz's mother at the crime scene. He concluded by urging the court to announce death sentence to the prime accused.

The prime accused in the murder case of Sara Inam, Shahnawaz Amir, was awarded the death sentence by a sessions court in Islamabad and fined Rs1 million on Thursday.

The convict's mother, Samina Shah, who was a co-accused in the case, was however acquitted by the court.

The reserved verdict was announced by sessions court judge Nasir Javed Rana.

Sara, a Canadian national, was brutally murdered by her husband Shahnawaz on September 22, 2022. Her postmortem revealed that the victim had succumbed to multiple skull fractures when she was assaulted by him.

'Mother also party to murder'

Speaking to the media after the court’s verdict, Sara Inam’s father said he was partially satisfied with the court verdict. “It is good that the prime accused has been convicted, but the mother should not have been acquitted,” he said.

“All of this happened before 12 a.m. She was awake at the time. It is impossible that she did not hear her [Sara] scream. Had she intervened, we would have found her in an injured state, but she would have at least been alive,” the father maintained.

As the verdict comes after a year of the murder, the victim’s father while speaking about the family’s travails since after the murder said that “for a year the Almighty tested us. We have been so oblivious to the joys and sorrows of life. But I guess this is how our entire life is now going to be”.

Tearing up while speaking to the media, the father added that “our daughter is always in front of our eyes. We go home, and her belongings are all over the place”.

He stressed that the sentence awarded to Shahnawaz must be implemented. “If that does not happen, everyone will forget about it, and we don’t want that to happen,” he added.

The father again emphasized on the mother being convicted too, adding that “she is not innocent… for any reason, she is not innocent”.

Shahnawaz was found guilty of murder in the police challan as he had confessed to the crime during the investigation.

According to the challan, Shahnawaz said during the investigation that when Sara did not send him money, he had a heated telephonic conversation with her and he divorced her over the phone.

The now-convicted murderer also said that after the divorce, Sara had reached Islamabad from Abu Dhabi on September 22. He added that she had started arguing with him in the bedroom on the night of the murder and demanded that Shahnawaz return the money she had sent to him.

According to the police challan, the suspect first hit Sara with a showpiece and injured her. When she started screaming, the accused picked up a dumbbell and hit her several times on the head.

During the investigation, the murderer further said that he hid his ex-wife's body in the bathtub before it was recovered by the police.

Shahnawaz was arrested by the Islamabad Police on September 23, on charges of murdering his wife. She was murdered at their farmhouse in Islamabad's Chak Shehzad suburb, where the suspect lived along with his mother.

Samina had been imprisoned in Adiala jail after the Islamabad police arrested her on October 19 following Additional Sessions Judge Sheikh Sohail's dismissal of her bail request as she was also nominated in the murder case.

However, on November 2, 2022, she was granted bail by a lower court in Islamabad.

Source: Express Tribune

 
The acquittal of Samina Shah add complexity to the pursuit of justice in this deeply unfortunate case.
 
Noor Mukadam case: Zahir Jaffer’s lawyer wraps up arguments in SC appeal against his death sentence

The lawyer of Zahir Jaffer, the man challenging his death sentence over the 2021 murder of Noor Mukadam in the Supreme Court, wrapped up his arguments on Tuesday in the appeal against his client’s punishment.

Noor, aged 27 years, was found murdered at Zahir’s Islamabad residence in July 2021, with the probe revealing she was tortured before being beheaded. Zahir’s death sentence by the trial court was upheld by the Islamabad High Court (IHC), which had also turned his jail term over rape charges into a second death penalty.

Justice Hashim Kakar is leading a three-member bench, which includes Justices Ishtiaq Ibrahim and Ali Baqar Najafi.

Barrister Salman Safdar appeared as Zahir’s counsel while Advocate Shah Khawar was present on behalf of Noor’s father, retired diplomat Shaukat Mukadam. Safdar concluded his arguments today, while Khawar began his.

The bench then announced that the proceedings would resume later in the afternoon.

During yesterday’s hearing, the accused’s lawyer contended that no medical board was formed to assess his client’s mental state. Justice Kakar had observed, “A daughter was mercilessly murdered.”

The bench has indicated that a decision on Zahir’s appeal would be made soon.

The appeals of the convicted co-accused in the case were to be taken up as well. An appeal by Shaukat against the acquittal of Zahir’s father, Zakir Jaffer, is also among the pleas to be heard.

In October last year, Noor’s father had urged the SC to take up the murder case pending for more than one and a half years in the top court.

Case history

Noor, 27, was found murdered at a residence in Islamabad’s upscale Sector F-7/4 on July 20, 2021. An FIR was registered later the same day against Zahir Jaffer, who was arrested at the site of the murder.

In February 2022, a district and sessions judge sentenced Jaffer to death for the murder and handed him 25 years of rigorous imprisonment, finding him guilty of rape. His household staff, Mohammad Iftikhar and Jan Mohammad — co-accused in the case — were each sentenced to 10 years in prison.

Zahir’s parents, leading businessman Zakir Jaffer and Asmat Adamji, had been indicted by an Islamabad district and sessions court in October 2021 but were later acquitted by the court.

Six officials of Therapy Works, whose employees had visited the site of the murder before police, were also among those indicted by the lower court but were later freed of the charges along with the parents. According to the challan, the parents and the therapy workers tried to conceal the crime and attempted to destroy the evidence.

In March 2023, the IHC, dismissing the Zahir’s appeal, not only upheld the death sentence but also converted his 25-year jail term into another death penalty. The IHC had also rejected the pleas of the main suspect’s staff challenging their conviction.

The next month, Zahir approached the SC against the IHC verdict, insisting that his conviction resulted from “erroneous appreciation” of the case evidence and the high court and trial court could not identify the “fundamental flaws” in the FIR.

Brutal murder

After an FIR was registered in the case and Zahir was arrested, his parents and household staff were also taken into custody by police on July 24, 2021 over allegations of “hiding evidence and being complicit in the crime”. They were made a part of the investigation based on the statement of Noor’s father but were later acquitted.

In his complaint, Shaukat had stated that he had gone to Rawalpindi on July 19 to buy a goat for Eidul Azha, while his wife had gone out to pick up clothes from her tailor. When he had returned home in the evening, the couple found their daughter Noor absent from their house in Islamabad.

They had found her cellphone number switched off and started a search for her. Sometime later, Noor had called her parents to inform them that she was travelling to Lahore with some friends and would return in a day or two, according to the FIR.

The complainant said he had later received a call from Zahir, whose family were their acquaintances. Zahir had informed Shaukat that Noor was not with him, the FIR said.

At around 10pm on July 20, the victim’s father had received a call from Kohsar police station, informing him that Noor had been murdered.

Police had subsequently taken the complainant to Zahir’s house in Sector F-7/4 where he discovered that his “daughter has been brutally murdered with a sharp-edged weapon and beheaded”, according to the FIR.

Shaukat, who identified his daughter’s body, had sought the maximum punishment under the law against Zahir for allegedly murdering his daughter.

Police later said that Zahir had confessed to killing Noor, while his DNA test and fingerprints also showed his involvement in the murder.

DAWN NEWS
 
I have done a lot of reading into this case. The coverage of the facts and timeline is not being accurately reported in the Pakistani media.

Albeit, the guy did murder/behead the poor girl and deserves the death penalty for this.
 
Noor Mukadam murder case: Supreme Court upholds death sentence of convict Zahir Jaffar

The Supreme Court on Tuesday upheld the death sentence handed down to Zahir Jaffer in the Noor Mukadam murder case.

Justice Hashim Kakar announced the brief judgment, upholding the death sentence of convict Jaffer. He stated that the court upholds the trial court’s verdict regarding the sections related to rape and converted the 25-year term to life imprisonment.

The court also upheld the order for payment of compensation to Noor Mukadam’s family.

The court commuted sentences of Jaffer’s gardener and watchman observing that Jan Mohammad and Iftikhar have served sufficient time in prison.


 
Supreme Court issues detailed verdict in Noor Mukadam murder case

The Supreme Court, in its detailed verdict in the Noor Mukadam murder case issued on Tuesday, expounded the significance of digital evidence by declaring that footage can be admissible as primary evidence under the ‘silent witness theory’, provided it is properly authenticated.

“It is a well-known fact that technology has become so ingrained in our lives that everyone is utilising one form of technology or another,” Justice Muhammad Hashim Kakar observed in the 13-page judgement.

Justice Kakar headed the three-member bench that confirmed the death penalty awarded to Zahir Zakir Jaffer on May 20 by rejecting his appeal for the 2021 ghastly murder that sent shockwaves across the country.

The judge explained that the convict appeared to the court as a desperate person, evoking no sympathy with members of the bench in the matter of his death sentence. However, Justice Ali Baqar Najafi, a member of the bench, said he would give his additional note soon.

Noor Mukadam, 27, was found brutally murdered at Jaffer’s residence in Islamabad on July 20, 2021. Jaffer was arrested as the prime suspect in the case and a trial court on Feb 24, 2022 sentenced him to death for murder. The court also found him guilty of rape, handing over 25 years of rigorous imprisonment and imposing a fine of Rs200,000 on him. Later, the IHC not only upheld death sentence but also converted the life imprisonment for rape into death sentence.

Explaining the significance of photo and video evidence, Justice Kakar observed the silent witness theory of authentication had developed in almost all jurisdictions over the last 25 years to allow photos to substantively “speak for themselves” after being authenticated by evidence that supports the reliability of the process or system that produced the photos.

The silent witness theory is a rule of evidence that allows for the admission of photographic video or other recorded evidence as substantive proof of what it depicts, without the need for an eyewitness to testify they personally observed the events depicted in the recording.

The bench noted that courts remained unable to capitalise on digital evidence, which was considered hearsay, for quite long, though digital evidence was admissible only under Article 164 of the Qanun-i-Shahadat Order, 1984.

However, in light of the growing importance of tracing and identifying perpetrators, some critical legislative changes were implemented to grant digital evidence the status of primary evidence, the SC observed.

About footage and its evidentiary value, the court cited some examples from the UK, Canada and the US.

In recent past, such evidence was treated as hearsay and secondary evidence in the country, but keeping in view its importance, particularly in tracing and identifying culprits, required changes were made in relevant laws in order to give the status of primary evidence to the digital evidence, thus, being primary evidence, it was admissible, the court declared.

It explained it was widely accepted that punishment could be based on circumstantial evidence, subject to rigorous standards and principles. “Conviction exclusively on the basis of circumstantial evidence is not prohibited by law… The circumstantial evidence must be of a nature that is inconsistent with accused’s innocence. The accused must be linked to the offence by a complete and unbroken chain of circumstantial evidence,” it said.

The SC noted that the petitioner neglected to provide any explanation for the victim’s presence at his residence and the ensuing recovery of her body from the premises.

DAWN NEWS
 
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