The Pakistan Supreme Court has published its detailed verdict written in the case of murder of Noor Mukadam, defending the death sentence of the convict Zahir Jaffer.
The judgment covers 13 pages and reiterates the Court’s position that Jaffer, who was convicted of the brutal murder, is “a ruthless murderer” and “is not worthy of sympathy.”
According to the verdict, the Supreme Court confirmed the decisions of both lower courts, qualifying them correct and unanimous. A key element of court reasoning was based on the theory of silent witnesses, a legal principle that allows video tests to be accepted even in the absence of an eyewitness.
Read: ‘This is for each woman’
The court pointed out: “Authentic images can serve as self -sufficient evidence, and recorded video or images may occur as testimony.”
The Apex court emphasized that the images obtained through a reliable system could be admissible on their own, citing a precedent of a case of robbery in the bank where video images were accepted without any ocular witness. He added that US courts have widely recognized the principle of silent witnesses.
In the case of Jaffer, the court pointed out that the images of CCTV, the DVR and the hard drive were admissible forms of evidence. The court declared that there were no indications of manipulation in video recordings, the defendant’s identification was accurate and the DNA report confirmed the violation.
It was also discovered that the homicide weapon had blood from the victim.
The verdict observed: “The convict could not provide any explanation for the presence of Noor. Digital evidence is now considered a primary testimony. If the CCTV footage meets the established standards, no more verification is needed.”
In addition, the Court confirmed Jaffer’s death sentence for murder, but turned his sentence for life imprisonment. He was acquitted from the kidnapping position, while his sentence was maintained by NOOR illegally confined.
The Supreme Court also ruled that the punishments for coacusado Muhammad Iftikhar and Muhammad Jan would remain. However, in a clemency sample, he ordered his release claiming that they had already turned enough.
The sentence concluded with a note that Judge Ali Baqar Najafi would add a complementary note to the verdict.
Read more: ‘Noor remained in captivity for 3 days’
Noor, 27, was brutally murdered on July 20, 2021, in a residence in the F-7/4 sector of Islamabad. A FIR was presented on the same day, which led Jaffer’s arrest at the crime scene.
In February 2022, a district court and sessions gave Zahir the death penalty for murder and sentenced him to 25 years of rigorous imprisonment for rape. Two members of the national staff, Mohammad Iftikhar and Jan Mohammad, were sentenced to 10 years in prison for their participation.
Zahir’s parents, Zakir Jaffer and Asmat Adamji, both prominent commercial figures, were accused in October 2021 but then acquitted. Similarly, six therapy Works employees, who arrived at the scene before the Police, were also authorized by positions by the Court of First Instance.
Read more: Noor Mukadam murderer affirms madness
Previously, a bank of three members headed by Judge Hashim Kakar, and who includes Judges Ishtiaq Ibrahim and Ali Baqar Najafi, had dismissed Jaffer’s appeal.
The Court confirmed the previous ruling of the Superior Court of Islamabad (IHC), which had affirmed the verdict of the death sentence of the Court of First Instance and replaced the term of the Zahir prison for rape with an additional death penalty.
During those hearings, Jaffer’s defense lawyer, Salman Safdar, argued that the case of the Prosecutor’s Office rested largely on CCTV images and DVR recordings.
He questioned the chain of custody of digital evidence and said that the footage could not be considered conclusive without a total verification. His objections included claims that the footage, when he appeared at the IHC in a USB, could not be played and, therefore, should not qualify as a definitive evidence.
Despite these arguments, the Apex court considered that digital evidence was reliable and legally admissible.
