AMIR SAJJAD vs State Ss — 2023 PCrLJ 1650 ISLAMABAD

Case information

Citation: 2023 PCrLJ 1650 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: PCRLJ
Parties: AMIR SAJJAD vs State Ss
Subject matter: Criminal
Provisions referred to: S. 344

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

AMIR SAJJAD VS State Ss. 316 & 344--- Qatl shibh-i-amd, wrongful confinement---Appreciation of evidence---Custodial torture---Accused persons were police officials and deceased died in their custody during investigation of a criminal offence---Trial Court convicted both the accused persons---Validity---Qatl shibh-i-amd was applicable in those cases where death was caused but injuries did not result into death in ordinary course of nature---Torture on the body of deceased was apparent which was in line with medical evidence---Custody of deceased was taken by accused persons from territorial jurisdiction of other police station without warrants of arrest---Accused persons failed to provide due medical care and attention to deceased---Accused persons as police officials were custodian of life and property of citizens but were negligent in their duties and involved in criminal activities---Trial Court rightly convicted accused persons for Qatl shibh-i-amd of deceased and charge under S. 344, P.P.C., was also rightly imposed for wrongful confinement of deceased---Accused persons as officials of police department were under heavy onus to prove that they were performing official duties in accordance with law but they failed to justify any such action rather were found guilty of criminal misconduct though no such charge was framed---High Court declined to interfere in conviction and sentence awarded to accused persons by Trial Court---Appeal was dismissed, in circumstances.

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