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Muhammad Naeem V. The State,

PLD 2018 Balochistan 80 · Balochistan High Court

This case involved a man convicted of murdering his wife by stabbing her with a knife (churri) in their home. A Levies official received information about the killing, went to the scene, and arrested the husband, who was later found to have already buried his wife's body. The prosecution's evidence included eyewitness testimony from the deceased's minor sister (aged eleven), corroborating testimony from the deceased's father, the accused's own judicial confession recorded before a Magistrate, and recovery of the murder weapon. The trial court convicted him under Section 302(b) of the Pakistan Penal Code and sentenced him to life imprisonment plus compensation to the victim's heirs.

On appeal, the Balochistan High Court upheld the conviction. The court held that the minor witness's testimony was credible and reliable since she understood the questions and had no motive to lie, and her age alone did not disqualify her evidence. The confession was found to be voluntary and properly recorded. The court also ruled that the husband's silence and failure to explain how his wife died in his own house, combined with his conduct after the incident, worked against him under Article 121 of the Qanun-e-Shahadat, which places the burden on the accused to explain deaths occurring within his special knowledge. The court further held that neither the absence of a medical examination nor a three-day delay in filing the police report undermined the strong circumstantial and direct evidence. The appeal was dismissed, reaffirming how courts evaluate confessions, child witnesses, and circumstantial evidence in domestic murder cases.

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