MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN vs State Ss — 2023 PCrLJN 12 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN VS State Ss. 302, 324 & 34---Explosive Substances Act (VI of 1908), Ss. 3 & 4---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, causing explosion likely to endanger life or property, keeping explosive with intent to endanger life or property, act of terrorism---Appreciation of evidence---Benefit of doubt--- Confession of accused persons whilst in police custody---Scope---Prosecution case was that the accused hurled a bomb/cracker near the gate of Imam Bargah which exploded in result of which thirty two persons received explosive injuries out of them one person succumbed to injuries---Accused confessed to the offence whilst in police custody---Accused were not produced before a Judicial Magistrate to record their confessions under S. 164, Cr.P.C., despite being produced before a Judicial Magistrate for an identification parade and thus no reliance could be placed on their confessions made before the police---However, it did not appeal to logic, reason or commonsense that the accused would confess to such a serious crime as the present case which carried the death sentence when they were only booked in an arms and explosive substances case which only carried a maximum prison sentence of 14 years on conviction---Circumstances established that the prosecution had not proved its case against the accused beyond shadow of doubt---Appeal against conviction was allowed accordingly.

MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN vs State Ss — 2023 PCrLJN 12 KARACHI-HIGH-COURT-SINDH

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Judgment text as reported