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JAVED SHAH vs State Ss — 2023 MLD 1864 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 MLD 1864 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
MLD
Parties
JAVED SHAH vs State Ss
Subject matter
Criminal
Provisions referred to
S. 164---Q; 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

JAVED SHAH VS State Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Judicial confession, retraction of---Scope---Accused/wife of deceased was charged for committing murder of her husband/brother of the complainant in collusion with other accused by administering some intoxicant substance to him---Investigating Officer stated that he produced lady accused before the Judicial Magistrate who recorded her judicial confession---Such confession was made with a delay of about ten days after her actual arrest---Such delay having not been explained plausibly could not be overlooked---Evidence of Judicial Magistrate, who recorded the judicial confession of lady accused was silent with regard to the actual narration made by her before him---However, as per her judicial confession, it was allegedly stated that she was in love with the other accused; that she left her house with him and was taken back by the deceased to his house; that she intended to marry said accused, therefore, she and other accused persons committed death of the deceased by strangulating his throat after administering some intoxicant substance to him and then gave it cover of dacoity---Nothing in the certificate attached to the judicial confession of lady accused, suggested that it was true and was voluntarily made by her---In that situation, as such the judicial confession, which had also been retracted, could hardly be used against said lady accused or someone else, who had been implicated on basis of such judicial confession---Circumstances established that the prosecution had not been able to prove the involvement of the accused persons in commission of incident beyond shadow of doubt---Appeal against conviction was allowed accordingly.

Other judgments reported in 2023 MLD

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