SHRIMATI JAAMI vs State Ss — 2023 MLD 233 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 233 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: SHRIMATI JAAMI vs State Ss
Subject matter: Criminal

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

SHRIMATI JAAMI VS State Ss. 302(b), 201 & 34---Qanun-e-Shahadat (10 of 1984), Art. 40---Qatl-i-amd, causing disappearance of evidence of offence or giving false information to screen offender, common intention---Appreciation of evidence---Benefit of doubt---Disclosure made by accused before the police---Scope---Accused were charged that they in furtherance of their common intention committed murder of the son of complainant---Disclosure before the police had no legal value under the provisions of Qanun-e-Shahadat, 1984---Alleged confession of accused during police investigation while in custody had no evidentiary value and same could not be used against him and no weight could be given to such disclosure of accused---Information or disclosure of any accused in custody of the police before a police officer is inadmissible/irrelevant under Arts. 38 & 39 of Qanun-e-Shahadat, 1984---In the present case mere admission of guilt before the Police Officials was based to connect the accused persons with the commission of offence without considering the fact that there was no recovery of incriminating article(s) or any cogent and convincing circumstantial material---Conviction could not be based on extra judicial confession when admittedly same was not corroborated by other reliable evidence---Circumstances established that the prosecution had failed to prove its case beyond reasonable doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court.

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