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MUHAMMAD SABIR vs State Ss — 2022 PCrLJN 28 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 28 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MUHAMMAD SABIR vs State Ss
Subject matter
Criminal
Provisions referred to
S. 164---Q; S. 164; S. 342; Criminal Procedure Code (V of 1898)

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

Judgment text as reported

MUHAMMAD SABIR VS State Ss. 302, 201, 109 & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, disappearance of evidence of offence, abetment, common intention---Appreciation of evidence---Benefit of doubt---Confessional statement of accused---Scope---Accused was charged that he along with his co-accused committed murder of the daughter of the complainant---In the present case, accused had simply stated in the English language that he admitted/confessed his guilt and made his thumb impression by way of signature---No reliance could be placed on that so-called confession, as it had not been recorded in accordance with S. 164, Cr.P.C. and had not been subjected to the safeguards concerning confessions---Said confession was simply an admission of guilt---Nowhere in the said confession any detail of the murder was given, which would again fit in with the accused's contention that he only agreed to confess because he was misled/induced into believing that in doing so he would get some kind of benefit by way of compromise---Accused was asked about his confessional statement while recording his statement under S. 342, Cr.P.C., he simply admitted his guilt---Record transpired that there was no legally admissible direct evidence against the accused and no circumstantial evidence so as to connect the appellant to the offence so charged and certainly not reaching the threshold as required by law---Co-accused in his statement recorded under S. 342, Cr.P.C. did not even implicate the accused in any manner, whatsoever, in the offence---Prosecution also did not adduce any evidence against the accused during trial---Prosecution had failed to prove its case against the accused, in circumstances---Appeal against conviction was allowed.

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