ADNAN ABBASI vs State Ss — 2022 PCrLJ 376 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

ADNAN ABBASI VS State Ss. 302(b), 201, 202 & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, causing disappearance of evidence, intentional omission to give information of an offence, common intention---Appreciation of offence---Confession, retraction of---Scope---Accused was charged that he along with co-accused committed murder of the son of complainant---Prosecution case rested primarily on the judicial confession of accused made before the Judicial Magistrate---No evidence at the time of his confession to link the accused to the offence and as such he had no reason to confess---Accused had maintained that his brothers were in custody at the time when he made his confession and he made his confession in order to save his brothers---Said fact was put to the Judicial Magistrate who recorded his confession, during cross examination and therefore was not an afterthought---Accused also stated the same in his statement under S. 342, Cr.P.C.---Investigating Officer even admitted in his evidence that the brothers of accused were in custody facing enquiries prior to the arrest of accused---Children of accused were also in custody at the time when he made his confession---Accused confessed before the Judicial Magistrate because his brothers were already in custody and he was threatened that they would be implicated in false cases if he refused to confess---Confession recorded in the hand writing of the Investigating Officer also accorded with the accused version that he was required to memorize the Investigating Officer's version of his confession and repeated the same before the Judicial Magistrate---Confession of accused was a result of inducement and coercion and as such it was not made voluntarily, thus, discarded and placed no reliance on it---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

ADNAN ABBASI vs State Ss — 2022 PCrLJ 376 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2022 PCRLJ