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ABDUL WAHID vs State S — 2023 PCrLJ 395 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJ 395 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
PCRLJ
Parties
ABDUL WAHID vs State S
Subject matter
Criminal
Provisions referred to
S. 302; S. 5---Q; S. 161; S. 5; Oaths Act (X of 1873); Oaths Act

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

ABDUL WAHID VS State S. 302(b)---Oaths Act (X of 1873), S. 5---Qalt-i-amd---Appreciation of evidence---Benefit of doubt---Delayed FIR---Delayed confessional statement---Recording of confessional statement on oath---Acquittal of co-accused---Scope---Accused along with others was alleged to have committed qatl-i-amd by strangulating the throat of deceased---Complainant and his witnesses had not seen the accused committing the alleged incident---FIR was lodged with a delay of about one day while S. 161, Cr.P.C. statements of the prosecution witnesses were recorded with a delay of 15 days, such delay having not been explained plausibly could not be overlooked---Co-accused persons had been acquitted by the Trial Court and their acquittal was maintained by the High Court---Confessional statement of the accused was recorded on 12th day of his arrest---No explanation of such delay was offered by the prosecution---Confessional statement of the accused had not been recorded on prescribed per forma and no explanation for such omission was offered---Magistrate who had recorded the confessional statement of the accused was fair enough to admit that he had not disclosed to the accused that he was a Magistrate and statement which he was going to make would be used against him as evidence---Alleged confessional statement of the accused was recorded on oath which was contrary to the provisions of S. 5 of the Oaths Act, 1873---Prosecution had not been able to prove its case against the accused beyond any shadow of doubt and the accused was entitled to its benefit---Conviction and sentence recorded against the accused was set aside and he was acquitted of the charge, in circumstances---Criminal appeal was disposed of accordingly.

Other judgments reported in 2023 PCRLJ

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