IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT:  
Mr. Justice Manzoor Ahmad Malik 
Mr. Justice Syed Mansoor Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
Criminal Appeals No.301-L & 302-L/2017 
(Against the judgment dated 13.11.2014 passed by the 
Lahore 
High 
Court, 
Lahore 
in 
Criminal 
Appeals 
No.1401/2010 and 1366/2010) 
 
Muhammad Ikram Shah 
(in Criminal Appeal No.301-L/2017) 
Muhammad Asif and 3 others 
(in Criminal Appeal No.302-L/2017) 
 
 
 
 
 
 
 
…Appellant(s) 
 
VERSUS 
The State 
 (in Criminal Appeal No.301-L/2017) 
The State 
(in Criminal Appeal No.302-L/2017) 
 
   
 
 
 
 
…Respondent(s) 
 
 
For the Appellant(s): 
 
Mian Muzaffar Ahmed, ASC 
(in Criminal Appeal No.301-L/2017) 
 
For the Appellants: 
(Ghafoor Ahmed Shah, 
Mehfooz Ahmed Shah and 
Tayyab Shah): 
 
For the Appellant: 
(Muhammad Asif): 
 
 
Miss Najma Perveen, ASC 
Ms. Tasnim Amin, AOR 
(in Criminal Appeal No.302-L/2017) 
 
 
Mr. M. Taki Khan, ASC 
Rana Arif Kamal Noon, ASC 
(in Criminal Appeal No.302-L/2017) 
 
For the complainant:  
 
Ch. Akbar Ali Shad, ASC 
 
 
For the State :  
 
 (without caveat) 
 
Ch. Muhammad Mustafa, DPG 
  
Date of Hearing: 
 
26.6.2019. 
 
JUDGMENT 
 
 
Qazi Muhammad Amin Ahmed, J.-  A household in 
an affluent neighborhood within the remit of Police Station  
Defence-A, Lahore was surprised at 2.30 p.m. on 6.7.2009 
when three unknown intruders trespassed on gun points; they 
were alongside the servants, namely, Ikram and Farooq, 
leading them apparently under coercion; they kept the inmates 
as hostage and looted a number of articles comprising gold 
ornaments, valuable securities and cell phone handsets; the 
Criminal Appeals No.301-L & 302-L/2017 
 
 
 
 
 
 
- 2-  
 
family was confined in a store and they left along with Ali 
Hussain Mehmood, aged 31/4 years. The culprits demanded 
ransom 
of 
Rs.3,00,00,000/, 
subsequently 
settled 
as 
Rs.50,00,000/-, paid on 26.8.2009 to secure release of the 
child. It is in this backdrop that a joint investigation team 
commenced the probe. The accused were arrayed through 
supplementary statements; one of the servants, namely, Ikram 
was identified as accomplice, a privy to the crime. As the 
investigation progressed, as many as eight persons were 
identified to have architected the episode with different roles, 
however, in collaboration with one another; of them, Rab 
Nawaz and Munir were killed in a police encounter; the 
appellants along with Mst.  Nagina Bibi were arrested on 
18.12.2009. Muhammad Asif and Tayyab Shah were identified 
by the witnesses through a test identification parade. Pursuant 
to disclosures, the accused led to various incriminating 
recoveries, including portion of cash received as ransom as well 
as jewelry. The child was recovered from the custody of Mst. 
Nagina Bibi, co-accused on 18.12.2009. Indicted on 17.2.2010, 
the accused claimed trial, pursuant whereto, prosecution 
produced as many as twenty witnesses to drive home the 
charge; they furnished ocular account of robbery as well as 
payment of ransom to Tayyab Shah and Muhammad Asif, 
appellants. Learned trial Judge convicted all the appellants; 
they were sentenced to death barring Mst. Nagina Bibi, 
awarded imprisonment for life; their appeals in the High Court 
failed 
albeit 
with 
alternation 
of 
death 
penalties 
into 
imprisonment 
for 
life 
vide 
impugned 
judgment 
dated 
13.11.2014 vires whereof are being challenged through leave of 
the Court; bound by a common thread, these are being decided 
through this single judgment.  
2. 
 
Genesis of the occurrence cannot be doubted and 
the family certainly does not have an axe to grind against the 
accused; two from amongst them have been done to death, 
statedly while resisting the police; Mst. Nagina Bibi has not 
opted to dispute her conviction and sentence, upheld by the 
High Court. Testimonies furnished by the witnesses that 
include female members of the family have been found by us 
Criminal Appeals No.301-L & 302-L/2017 
 
 
 
 
 
 
- 3-  
 
straightforward and confidence inspiring, duly corroborated by 
the 
recoveries 
that 
cannot 
be 
possibly 
foisted. 
Test 
identification parade and evidence of payment of ransom to 
Muhammad Asif and Tayyab Shah, appellants, squarely frame 
them with the crime by excluding every hypothesis of their 
innocence; they have rightly been convicted and sentenced; the 
High Court has already shown leniency by converting penalties 
of death into imprisonment for life; their appeal fail. Dismissed.  
  
Case of Muhammad Ikram Shah, Mehfooz Ahmed Shah 
and Ghafoor Ahmed Shah is on different footing. Muhammad 
Ikram Shah is identically placed with Farooq, the other servant 
in the family; he was let off with a clean chit; it is prosecution's 
case that he alongside Ghafoor Ahmed Shah and Mehfooz 
Ahmed Shah shared information that took the investigating 
officer to the child, statedly, held by Mst. Nagina Bibi,  
co-accused; assertion being non-specific, vague and joint, does 
not constitute disclosure within the contemplation of Article 40 
of the Qanun-e-Shahadat Order, 1984 in absence whereof their 
culpability rests more upon a subjective belief rather than a  
positive proof; they are on crossroad;  their convictions cannot 
be maintained without potential risk of error, therefore, it 
would be conscionable to extend them benefit of doubt; 
Criminal Appeals to their extent are allowed. 
 
 
 
 
JUDGE 
 
 
 
JUDGE 
 
 
 
 
Lahore, the 
26th of June, 2019 
Not approved for reporting 
Ghulam Raza/*  
  
  
JUDGE