GHULAM vs State Ss — 2022 YLRN 36 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.

GHULAM VS State Ss. 302 & 364---Qanun-e-Shahadat (10 of 1984), Art. 38---Qatl-i-amd, kidnapping or abducting in order to murder---Confession to police officer not to be proved---Appreciation of evidence---Benefit of doubt---Delayed FIR---Non-production of material witness---Extra-judicial confession--- Scope--- Complainant alleged that the deceased went missing and his whereabouts could not be traced but later on he came to know that accused persons had abducted the deceased, on being approached they admitted their guilt and promised to return the deceased---Accused persons during their arrest admitted their guilt and stated that they had killed and buried the deceased; on their pointation incriminating articles were recovered and body of deceased was exhumed---Complainant had lodged the report of incident after two months and three days---Complainant admitted that deceased had informed his wife and mother regarding meeting with the accused persons on the day of his abduction---Mother and wife of deceased were not examined---Medical Board, who conducted post-mortem examination of the deceased, concluded that soft tissues were obsolete/destroyed due to advanced stage of de-composition and hard tissues (bones) did not reveal any external mark of violence leading to fracture---Toxicology examination revealed that no poison was detected from the body of deceased---Extra-judicial confession of the accused persons was inadmissible as per Art. 38 of Qanun-e-Shahadat, 1984---Prosecution had failed to establish the guilt of the accused persons without reasonable doubt---Appeals were allowed, in circumstances.

GHULAM vs State Ss — 2022 YLRN 36 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported