NADEEM alias MANGA vs State Ss — 2023 MLD 562 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 562 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: NADEEM alias MANGA vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q; S. 164

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

NADEEM alias MANGA VS State Ss. 302(b), 324, 114 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention, act of terrorism---appreciation of evidence---Confession before police---Scope---accused were charged for committing murder of the brother of complainant by firing---Confession of the accused persons before the police that they committed the murder was inadmissible in evidence---No effort was made by the police to record the confession of the accused persons under S. 164, Cr.P.C., before a Judicial Magistrate despite their being produced before a Judicial Magistrate for an identification parade---In the present case, it did not appeal to logic, reason or common sense that the accused whilst in custody in a non-capital punishment case would admit to their involvement in such case without their being a shred of evidence against them for that offence---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal against conviction was allowed, in circumstances.

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