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MUHAMMAD ANAS vs State Ss — 2023 PCrLJN 59 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 59 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
MUHAMMAD ANAS vs State Ss
Subject matter
Criminal
Provisions referred to
S. 164---Q; Criminal Procedure Code (V of 1898)

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

MUHAMMAD ANAS VS State Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, common intention---Appreciation of evidence---Confession, retraction of---Scope---Accused was charged that he along with his companion in furtherance of their common intention committed murder of the deceased---Accused alleged torture on his person at the hands of police to confess offence, however, Judicial Magistrate who recorded the confessional statement of the accused in his evidence stated that it was not in his knowledge that whether the accused was tortured and compelled to confess about his guilt and admitted that whole body of the accused was not examined by him---In such circumstances, said aspect was not taken into consideration by the Trial Court coupled with the fact of the acquittal of co-accused as the motive behind the murder of the deceased, though denied by the accused, was termed of the accused with co-accused---Prosecution had only relied upon the confessional statement of the present accused which was not creditworthy as the same was retracted---Accused alleged torture after his arrest in the custody of police and such like confessional statement could not be relied upon and was not worth consideration---Retracted confessional statement needed independent corroboration to earn the conviction and sentence but same was lacking---Statement of the Judicial Magistrate, who recorded the confessional statement of the accused, clearly showed that the accused was not provided an atmosphere free from fear so that he could get his statement recorded truthfully and voluntarily---Circumstances established that the prosecution had not succeeded in proving its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

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