Cases
Sardar Bibi v Munir Ahmed (2017 SC MR 344)
Once an improvement made by a witness in their statements is found to be deliberate and dishonest, serious doubt is cast on the veracity of such a witness. Such witness statements may not be used to uphold a conviction.
Muhammad Ismail v. State (2017 SCMR 713)
The complainant’s testimony alone is not sufficient to prove motive, even where the accused chooses to remain silent. A lack of motive means a capital sentence cannot be awarded.
Mst. Safina Bano and others vs. Home Department and others, C.R.P.420/2016
Those with mental illness who are unable to comprehend the rationale and reason for their punishment cannot be sentenced to death.
Azeem Khan & Anr. v. Mujahid Khan & Ors. (2016 SCMR 274)
Even a confession recorded before a Magistrate will not be credited if the Magistrate fails to comply with the High Court Rules and CrPC sections 364 and 164. “It is a consistent view of the Courts that extra-judicial confession, if made before a person of influence and authority, expected to extend helping hand to the accused, which is also strongly corroborated, can only be considered as a piece of circumstantial evidence . . . Such evidence is held to be the weakest type of evidence. No conviction on capital charge can be recorded on such evidence.”
Dully v. State (2015 SCMR 155)
“The extra judicial confession has never been considered sufficient for recording conviction on a capital charge unless it is strongly corroborated by tangible evidence coming from unimpeachable source.”
