SC acquits man accused of poisoning son, overturns death sentence

ISLAMABAD (Dunya News) - The Supreme Court has acquitted a man who was sentenced to death for allegedly poisoning his young son, declaring the decisions of the High Court and Trial Court null and void.

Justice Ishtiaq Ibrahim issued the written verdict, ordering the immediate release of the accused.

The court noted that it is against human nature for a father to poison his own minor child, and the prosecution failed to prove why the father would have wanted to commit the act.

The verdict highlighted that pesticides were present at the house for the cotton crop, and it was possible that the child ingested the substance himself.

According to the medical report, a four-year-old cannot distinguish between poisonous and drinkable liquids.

The court also pointed out contradictions and unnatural elements in eyewitness statements, noting that witnesses could not provide solid reasons for being present at the scene and were considered coincidental witnesses.

Further discrepancies were found regarding the color of the child’s clothes as described by the doctor and witnesses, while their failure to inspect the room or check utensils raised doubts about their presence.

The Supreme Court emphasized that delays in filing the FIR also cast doubt on the authenticity of the case. Under criminal law, even a single aspect of doubt grants the accused the right to acquittal.

The incident dates back to August 2019 in Sukkur, when four-year-old Mudassar alias Mithoo allegedly died after consuming poison.

The child’s father, Sultan alias Babu Jatoi, was accused of giving him a poisonous drink in the presence of witnesses.

The child’s maternal uncle had filed the case, after which the Trial Court sentenced Sultan Jatoi to death, a decision later upheld by the High Court.