UBAID alias K-2 vs State Ss — 2023 MLD 782 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 782 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: UBAID alias K-2 vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q

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

UBAID alias K-2 VS State Ss. 302(b) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Confession of accused before police---Scope---accused were charged for committing murder of the brother of the complainant by firing---accused persons confessed to the offence whilst in police custody---Confession before the police was inadmissible in evidence and thus no reliance on such confession could be placed---Even otherwise, it did not appeal to logic, reason or commonsense that a person behind bars against whom there was hardly any evidence would confess to an offence which carried the death penalty---Confessions of accused were also not recorded before a Judicial Magistrate despite the accused persons being taken before a Judicial Magistrate for an identification parade---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

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