SC declares digital evidence admissible

Detailed verdict calls Zahir Jaffar 'a ruthless killer'

ISLAMABAD:

The Supreme Court on Thursday issued its detailed judgment in the Noor Mukadam murder case, upholding the death sentence of convict Zahir Jaffar while commuting his separate death sentence for rape to life imprisonment.

In the 13-page verdict, the court described Jaffer as "a ruthless killer" undeserving of sympathy, and affirmed the correctness and unanimity of the lower courts' decisions.

The judgment also underscored the evidentiary value of video footage, stating that material obtained through a reliable system can serve as selft-sufficient testimony. It cited a back robbery case where video evidence was accepted without eyewitnesses and noted that US courts widely apply the 'silent witness' principle.

In Jaffer's case, the court noted that CCTV footage, the DVR, and the hard disk were all admissible forms of evidence. The court stated that there was no indication of tampering in the video recordings, the identification of the accused was accurate, and the DNA report confirmed the rape.

The murder weapon was also found to have the victim's blood on it. "The convict failed to provide any explanation for Noor's presence. Digital evidence is now considered primary testimony. If CCTV footage meets the set standards, no further verification is necessary," the verdict stated.

Further, the court upheld Jaffer's death sentence for murder but converted his sentence for rape into life imprisonment. He was acquitted of the abduction charge, while his sentence for unlawfully confining Noor was maintained.

The Supreme Court also ruled that the punishments for co-accused Muhammad Iftikhar and Muhammad Jan would stand. However, in a show of leniency, it ordered their release on the grounds that they had already served sufficient time.

Previously, a three-member bench headed by Justice Hashim Kakar, and comprising Justices Ishtiaq Ibrahim and Ali Baqar Najafi, had dismissed Jaffer's appeal. The judgment concluded with a note that Justice Najafi would add a supplementary note to the verdict.

Noor, 27, was murdered on July 20, 2021, at a house in Islamabad's F-7/4 sector. An FIR was lodged the same day, leading to the arrest of Jaffer at the crime scene. In February 2022, the district and sessions court handed Zahir the death penalty and 25-year jail term for murder and rape. Two domestic staff, Mohammad Iftikhar and Jan Mohammad were each awarded 10-year jail term for their involvement.

Zahir's parents, Zakir Jaffer and Asmat Adamji—both prominent business figures—were indicted in October 2021 but later acquitted. Similarly, six employees of the Therapy Works, who arrived at the scene before the police, were also cleared of charges by the trial court.