LAHORE: The Lahore High Court has acquitted a man previously sentenced to life imprisonment for the alleged murder of his sister in the name of ‘honour’, recommending legislation on the admissibility of under-custody confession at least in such cases.

Justice Muhammad Amjad Rafiq overturned the trial court’s decision, with an observation that criminal convictions cannot be based on “surmises and conjectures” or emotional reactions to the nature of the crime.

According to police, Amna Sami was found dead on a cot in her family home. While local residents claimed the appellant, Ayaz Adil, killed his sister on the pretext of ‘honour’, the victim’s father initially reported the death as a suicide.

The investigating officer found that the crime scene had been freshly washed leading to allegations that the family had attempted to destroy evidence. While the appellant’s parents and another sister were acquitted by the trial court, Ayaz was convicted of qatl-i-amd (intentional murder) and sentenced to life in prison.

Points out flaws in investigation; says conviction can’t be based on “surmises and conjectures”

In his judgement, Justice Rafiq identified several critical flaws in the prosecution’s investigation, noting that no blood traces were found in the house, even after scientific testing by the Punjab Forensic Science Agency (PFSA).

The judge observed that the weapon used in the alleged murder was never recovered from the scene while there was a five-hour delay between the police arrival and the formal registration of the FIR.

The judge noted the prosecution failed to establish that the murder actually took place at the site where the body was found.

The judge focused on the difficulty of proving murders committed secretly within the confines of a home.

Justice Rafiq invited several amici curiae (friends of the court) to discuss whether the burden of proof should shift to the accused in such domestic cases.

The judge concluded that while the primary burden of proof remains on the prosecution, the nature of evidence required in honour killings may be of a comparatively lighter character if certain foundational facts - such as the accused’s presence at the scene and a clear motive - are established.

However, he said, in this specific case, the prosecution failed to meet even this basic threshold.

The judge maintained that Islamic and constitutional principles protect the “presumption of innocence” and that certainty (yaqeen) cannot be replaced by mere doubt or suspicion.

The judge recommended that the legislature consider new statutory provisions to define “presumptions of knowledge” in domestic death cases to better protect vulnerable women while maintaining due process.

The judge also suggested legislation about the admissibility of confessional statements made before the police at least in honour killing cases.

He noted that police interviews are not recognised in Pakistani law as a form of evidence though the developed countries have been in it showing a trust on the investigators.

“Whereas in Pakistan there is a trust deficit among the different components of the criminal justice system who are operating in silo mentalities, which needs to be reformed,” he added.

The judge allowed the appeal and set aside conviction and life sentence awarded by a Faisalabad trial court against the appellant.

Published in Dawn, December 28th, 2025