MOULA BUX alias MOLU vs State Ss — 2023 YLR 270 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 270 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: MOULA BUX alias MOLU vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q

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

MOULA BUX alias MOLU VS State Ss. 302, 324, 353, 392, 397 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, robbery, robbery or dacoity with attempt to cause death or grievous hurt, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Confession before the police---Scope---Prosecution case was that the accused persons snatched mobile phones and cash from the complainant and when police chased them, they made firing upon the police party, due to the firing one Police Constable, one passerby and a child got injured and Police Constable succumbed to injuries---Does not appeal to logic, common sense and reason that a person in lock up for offences under the Sindh arms act 2013 and Explosive Substances act 1908 would confess before the police to an offence six years after the incident which carried the death penalty when prior to such confession there was no evidence against him especially when the offences for which he was arrested only carried a maximum sentence of 14 years under the anti-Terrorism act---Confession before the police was inadmissible in evidence and further doubt was casted on such confession when the accused was not produced before a Judicial Magistrate to record his confession despite being produced before a Judicial Magistrate for an identification parade---Circumstances established that the prosecution had failed to prove its case against the accused---appeal against conviction was allowed, in circumstances.

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