Circumstantial evidence, in cases involving capital punishment,

Reliance is placed on case titled “HASHIM QASIM and another versus The STATE” (2017 SCMR 986) wherein it has been held as under:-

 “ Keeping in view the above, the case of the prosecution appears to have been based entirely on circumstantial evidence. Placing reliance on circumstantial evidence, in cases involving capital punishment, the superior Courts since long have laid down stringent principles for accepting the same. It has been the consistent view that such evidence must be of the nature, where, all circumstances must be so inter-linked, making out a single chain, an unbroken one, where one end of the same touches the dead body and the other the neck of the accused. Any missing link in the chain would destroy the while and would render the same unreliable for recording a conviction on a capital charge. Reference is made to the cases of Muhammad Aslam v. The State (PLD 1992 SC 254) and Ch. Barkat Ali v. Major Karam Elahi Zia (1992 SCMR 1047).

Part Of Judgment of
Lahore High Court
Criminal Appeal
775-09

2018 LHC 1834