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MUHAMMAD WAJID vs State Ss — 2022 YLR 1569 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLR 1569 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
YLR
Parties
MUHAMMAD WAJID vs State Ss
Subject matter
Criminal
Provisions referred to
S. 342

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 WAJID VS State Ss. 302(b) & 376---Qatl-i-amd, rape---Appreciation of evidence---Judicial confession of accused---Scope---Accused was charged for committing murder of the minor daughter of complainant after her rape---Two days after the arrest, the accused was produced before Judicial Magistrate who recorded his confession---Judicial confession was not said to be retracted or not made voluntarily during cross-examination of the Judicial Magistrate---During the recording of the accused S.342, Cr.P.C statement firstly he stated that the confession was made but without his consent and then in the same breath stated that he did not give any such confession before the Judicial Magistrate---Accused in his evidence under oath did not retract his judicial confession and did not even mention it---Evidence of the Judicial Magistrate who recorded the judicial confession of the accused was not even dented in cross-examination---Confession of the accused was voluntary and with the object of telling the truth as it tied in with the prosecution case and there were few, if any, procedural irregularities and thus relied on the judicial confession against the accused---Circumstances established that the prosecution had proved its case against the accused to the extent of murder of the victim, beyond any shadow of doubt---Appeal against conviction was partially dismissed accordingly.

Other judgments reported in 2022 YLR

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