ISLAMABAD: The Supreme Court has issued a detailed written judgment upholding the death sentence of Zahir Jaffar in the Noor Mukadam murder case.
The 13-page decision adopts the “silent witness” theory, stating that video evidence without eyewitness testimony is also admissible and can serve as credible proof in its own right.
The court clarified that recorded videos or images can be presented as evidence, and footage obtained through a trustworthy system automatically qualifies as evidence. The Supreme Court referenced acceptance of video footage without witnesses in bank robbery cases and cited the broad recognition of the silent witness principle in American courts.
The court declared Zahir Jaffar as the merciless killer of Noor Mukadam, stating that he is not deserving of sympathy. The decisions of the lower courts were unanimously affirmed as correct.
The court proved that, Zahir Jaffar presented video evidence of physical abuse inflicted on Noor Mukadam. CCTV footage, DVRs, and hard disks were deemed admissible as evidence, with no proof of tampering found, confirming the accuracy of the suspect’s identification.
DNA reports confirmed the assault, with the victim’s blood present at the crime scene. The court also accepted that Zahir Jaffar’s presence could not be explained and considered digital evidence as primary proof. If CCTV footage meets the required standards, further verification is deemed unnecessary.
The judgment also states that the charge of kidnapping Noor Mukadam against Zahir Jaffar is dismissed and he is acquitted of that allegation. His sentence for illegally holding Noor Mukadam has been upheld.
The sentences of co-accused Muhammad Iftekhar and Muhammad Jan have also been maintained, although the court has ordered their release after serving their prison terms, showing leniency.
Justice Ali Baqar Najfi will provide his additional note regarding the judgment, which is a written decision.
