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MUHAMMAD SHAKEEL alias CHOTOO vs State Ss — 2024 MLD 286 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 286 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
MUHAMMAD SHAKEEL alias CHOTOO vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q; S. 164

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

MUHAMMAD SHAKEEL alias CHOTOO VS State Ss. 302(b), 324, 109 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Confession of accused before police---Scope---accused was charged that he along with his co-accused made firing upon the complainant party, due to which three persons died and two were injured---although the accused confessed to the offence whilst in police custody but he was not produced before a Magistrate to record his confession under S. 164, Cr.P.C., despite being produced for an identification parade which was held by a Magistrate---Thus, no reliance could be placed on the confession allegedly made by accused before the police---Moreover, it did not appeal to logic, reason or commonsense that the accused would confess such a serious crime as the present one, which carried the death penalty whilst in police custody in another case which related to narcotics when there was no evidence against him at the time of his arrest in respect of the instant case which had been disposed of long time ago in "a" class---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of any doubt---appeal against conviction was accordingly allowed.

Other judgments reported in 2024 MLD

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