SHAMSUDDIN vs MUHAMMAD ASIF Ss — 2023 YLRN 54 KARACHI-HIGH-COURT-SINDH

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SHAMSUDDIN VS MUHAMMAD ASIF Ss. 302 & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, common intention--- Appreciation of evidence---Appeal against acquittal---Confessional statement of accused--- Infirmities--- Scope--- Allegations against the accused were that he along with his co-accused duly armed with daggers in furtherance of their common intention stabbed dagger blows to deceased and committed his murder---Perusal of confessional statement of co-accused revealed that it was recorded on the day when the identification parade was held and before same Magistrate---Age of co-accused had not been mentioned by the Judicial Magistrate in the confessional statement though he was minor at the time of occurrence---Confessional statement was recorded in English and answer of questions were in Sindhi---Nothing on record to show whether the co-accused was well acquainted with English language or not---Question with regard to removing of handcuffs was not put to the accused at the time of recording of confessional statement and the same was recorded in the printed form---Confessional statement did not specifically mention that through whom co-accused after making his statement was remanded to judicial custody as he was produced before the Judicial Magistrate by the police---No question was put to the accused as to how long he had remained with the police---Co-accused being juvenile should have been provided opportunity of counselling either through his guardian or a lawyer---Such opportunity was not offered to him by the Magistrate before recording his confessional statement---Appeal against acquittal was dismissed, in circumstances.

SHAMSUDDIN vs MUHAMMAD ASIF Ss — 2023 YLRN 54 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported