UMAIR ASHRAF vs State Ss — 2023 YLR 2072 KARACHI-HIGH-COURT-SINDH

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UMAIR ASHRAF VS State Ss. 302 & 380---Qatl-i-amd, theft in dwelling house--- Appreciation of evidence--- Confession before police---Scope---Accused was charged for committing murder of the brother of the complainant and also steeling his car and other precious articles from his flat---Record showed that the accused confessed before the police numerous times that he murdered the deceased---Confession before the police was inadmissible in evidence---Accused was not taken before a Judicial Magistrate to record his confession---Record transpired that one Investigating Officer was prevented by his superiors from having the judicial confession of the accused recorded---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 2072 KARACHI-HIGH-COURT-SINDHBookmark this Case UMAIR ASHRAF VS State Benefit of doubt--- Principle---Prosecution must prove its case against the accused beyond a reasonable doubt---Benefit of doubt will go to the accused by way of right as opposed to concession. Citation Name: 2023 YLR 2072 KARACHI-HIGH-COURT-SINDHBookmark this Case UMAIR ASHRAF VS State Ss. 302 & 380---Qatl-i-amd, theft in dwelling house--- Appreciation of evidence---Place of arrest of accused and recovery was doubtful---Scope---Accused was charged for committing murder of the brother of the complainant and also steeling his car and other precious articles from his flat---Record showed that the place of the arrest of accused and recovery of the stolen vehicle were also in doubt---In the present case, the witness of last seen evidence had pointed out the car and the accused to the police where the accused was arrested and car recovered on the pointation of said witness whose name appeared on the memo. of arrest and recovery, however, according to the evidence of said witness he was not present at the time of arrest and recovery and did not sign any memo. of arrest and recovery---Court witness deposed that the accused was arrested from his house---Such was a major contradiction which casted doubt on the evidence of all the witnesses---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 2072 KARACHI-HIGH-COURT-SINDHBookmark this Case UMAIR ASHRAF VS State Ss. 302 & 380---Qatl-i-amd, theft in dwelling house---Appreciation of evidence---Medical evidence---Scope---Accused was charged for committing murder of the brother of the complainant and also steeling his car and other precious articles from his flat---According to the charge and the case of the prosecution the deceased was stabbed, however that was not supported by the medical evidence which noted that the injuries were caused by a blunt instrument not a sharp instrument---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 2072 KARACHI-HIGH-COURT-SINDHBookmark this Case UMAIR ASHRAF VS State Ss. 302 & 380--- Qatl-i-amd, theft in dwelling house--- Appreciation of evidence---Last seen evidence---Scope---Accused was charged for committing murder of the brother of the complainant and also steeling his car and other precious articles from his flat---Watchman of the building where flat of the deceased was situated appeared as witness---Said witness did not know the accused and only got fleeting glances of him at night when it was dark and later one evening---Said witness could not see whether accused was injured, which apparently he was according to other witnesses---Witness did not give any hulia of the accused in his S.161, Cr.P.C statement---Witness was not brought before any identification parade to identify the accused and could not confidently identify him in court---Witness, in his evidence, could not even say whether the accused who was present during the recording of his S. 164, Cr.P.C statement before the Magistrate was the same person whom saw with the deceased and as such could not safely rely on his evidence that the accused was the boy who was last seen with the deceased---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 2072 KARACHI-HIGH-COURT-SINDHBookmark this Case UMAIR ASHRAF VS State Ss. 302 & 380---Qatl-i-amd, theft in dwelling house--- Appreciation of evidence---Delay of one day in lodging the FIR---Scope---Accused was charged for committing murder of the brother of the complainant and also steeling his car and other precious articles from his flat---Although the FIR was lodged a day after the incident, however, said delay was not found to be fatal to the prosecution case as the delay had been explained by the complainant having travel from "P" to "K"---Complainant had not tried to falsely implicate the accused in the case as the FIR was lodged against unknown persons---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 YLR 2072 KARACHI-HIGH-COURT-SINDHBookmark this Case UMAIR ASHRAF VS State Ss. 302 & 380---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, theft in dwelling house---Appreciation of evidence---Identification of accused---Scope---Accused was charged for committing murder of the brother of the complainant and also steeling his car and other precious articles from his flat---Record showed that a number of witnesses who were playing cricket outside the flats gave evidence that they had seen a person trying to drive a car which later was established belonged to the deceased and that they took him to hospital for treatment for a hand injury and who dropped them off an hour later after receiving treatment---None of the said witnesses gave any hulia of the accused as being the injured person in the car in very belated S.161 Cr.PC statements, they were not taken before an identification parade to identify the accused as the injured person driving the car and only one of the witnesses were able to identify the accused in court---Said fact heavily broken the linkage of the accused to the stolen car of the deceased which the accused was allegedly driving---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

UMAIR ASHRAF vs State Ss — 2023 YLR 2072 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

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