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HAJIRA BIBI alias SEEMI vs State Ss — 2023 YLRN 19 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 YLRN 19 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
HAJIRA BIBI alias SEEMI vs State Ss
Subject matter
Criminal

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

HAJIRA BIBI alias SEEMI VS State Ss. 302, 201, 202, 109 & 34---Qatl-i-amd, causing disappearance of evidence, intentional omission to give information of an offence, abetment, common intention---Appreciation of evidence---Benefit of doubt---Accused were charged for committing murder of the brother of the complainant---Delay in lodging the FIR was not fatal for the prosecution case---Male accused was not mentioned in the FIR, which was against unknown persons---Said accused was not arrested on the spot but was later arrested by the police in an other case---Despite there being no evidence against said accused in the case, he confessed to the police of an offence which carried the capital punishment which did not appeal to logic, reason or commonsense---Significantly, said accused was not produced before any Judicial Magistrate in order to record his confession despite being produced before an identification parade---In any event his alleged confession before the police was inadmissible in evidence---Even if believed the eye-witness that one person fired at the scene of the crime according to their evidence that person was not said accused---No evidence was available to the effect that any empties recovered at the scene matched the pistol which was recovered from said accused when he was arrested in the arms case---Later recovered motor bike which was allegedly used in the crime was not in the name of said accused and witness who recovered the motor bike which was allegedly used in the crime stated in his evidence that the person who was living in the house from where the motor bike was recovered told him that the absconding co-accused had asked him to look after the motor bike and not said accused---No connection was found with the recovered motor bike to said accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

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