Sitting Panel: Sh. Riaz Ahmad, C.J., Abdul Hameed Dogar and Muhammad Nawaz Abbasi, JJ

Summary:

This criminal petition for leave to appeal was filed by Muhammad Ajmal (petitioner) against the judgment of the Lahore High Court, which had upheld his conviction and death sentence for the double murder of his mother-in-law and her mother under Section 302 of the Penal Code. The petitioner’s primary contentions included a claim of being a juvenile at the time of the incident, thereby entitling him to the benefits of the Juvenile Justice System Ordinance, 2000, and a plea for a lesser sentence. Both the trial court and the High Court had rejected his claim of minority.

The Supreme Court dismissed the petition, refusing leave to appeal. The Court concurred with the lower courts’ findings that the petitioner’s claim of being a minor was an afterthought, as he had failed to raise this plea or produce any documentary evidence during the investigation, only introducing it during the trial. The Court found that the prosecution had successfully established the petitioner’s guilt and active participation in the crime beyond reasonable doubt. The ocular testimony of eye-witnesses, including an injured witness, was found to be fully corroborated by medical evidence, the motive for the crime, the recovery of the weapon of offense at the petitioner’s instance, and a positive Serologist’s Report. Given the brutal and atrocious manner of the cold-blooded murders, the Supreme Court found no grounds for leniency in the sentence and upheld the concurrent findings of the lower courts.

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