Appreciation of Evidence, Extra-judicial Confession, and Last-Seen Evidence in a Murder Case

Before Sh. Riaz Ahmad and Raja Afrasiab Khan, JJ

This criminal appeal, heard on February 17, 1992, involved Javed Rashid, who was convicted under Section 302 of the Pakistan Penal Code for the murders of Mushtaq Ahmad and Shafiq Ahmad. The prosecution’s case heavily relied on an extra-judicial confession allegedly made by the appellant and last-seen evidence. The defense argued that the extra-judicial confession was jointly made by multiple accused, making it inadmissible, and that the last-seen evidence did not conclusively link the appellant to the crime. The court also considered the recovery of a gun and cartridges from the appellant, which the prosecution claimed was used in the crime.

The High Court meticulously reviewed the evidence and determined that the prosecution failed to prove its case beyond a reasonable doubt. The court held that the alleged extra-judicial confession was a “weak type of evidence” and, more crucially, was jointly made by the accused, rendering it inadmissible in evidence. Furthermore, the last-seen evidence provided by the prosecution witness did not definitively connect the appellant to the murders, as other unidentified persons were also present at the scene, and the witness could not confirm that the appellant committed the killings. The recovery of the gun and cartridges from the appellant also did not support the prosecution’s version, as it was not established that the weapon was used in the commission of the offense. Consequently, the High Court accepted the appeal, set aside the conviction and sentence of Javed Rashid, and ordered his immediate release.

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