MUHAMMAD IRFAN vs State Ss — 2023 YLRN 17 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD IRFAN VS State Ss. 302(b), 365-a, 377 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, Kidnapping or abduction for extorting property, valuable security, etc., unnatural offence, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Extra-judicial confession--- Scope--- accused were charged for abducting the minor son of complainant for ransom but subsequently he was murdered---Record showed that two accused persons, during interrogation, had given an extra-judicial confession before the police regarding their involvement and then proceeded to lead the police to the place where the deceased had been kidnapped from and then the sewer where the dead body was recovered from---Investigating Officer deposed that he did not get the accused/ appellants' confessional statements recorded before a Judicial Magistrate even after their extra-judicial confession which again was another surprising aspect of the case---In the presence of a judicial confession recorded as per the guidelines, the case of the prosecution would invariably have been stronger---Confession before the police was of no evidential value--- Circumstances established that the prosecution had failed to prove the guilt of the accused persons beyond reasonable doubt---appeal against conviction was allowed accordingly.

MUHAMMAD IRFAN vs State Ss — 2023 YLRN 17 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported