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MOHAMMAD DANISH REHMANI vs State Ss — 2024 MLD 474 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 474 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
MOHAMMAD DANISH REHMANI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---S; S. 23; 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

MOHAMMAD DANISH REHMANI VS State Ss.302, 119, 109 & 34---anti-Terrorism act (XXVII of 1997), S.7---Sindh arms act (V of 2013), S. 23(1)(a)---Qatl-i-amd, public servant concealing design to commit offence, abetment, common intention, act of terrorism---appreciation of evidence---Confession before police---Not admissible in evidence---accused was charged for committing murder of the brother of the complainant by firing---Notable that the accused confessed to the offence whilst in police custody---However, accused was not produced before a Judicial Magistrate to record his confession under S.164, Cr.P.C, despite being produced before a Judicial Magistrate for an identification parade---Thus, no reliance could be placed on confession of accused allegedly made before the police---Said fact did not appeal to logic, reason or commonsense that the accused would confess to such a serious crime as the present one which carried the death penalty whilst in police custody when there was no evidence against him at the time of his arrest---Circumstances established that the prosecution had not proved its case against the accused beyond shadow of doubt---appeal against conviction was allowed accordingly.

Other judgments reported in 2024 MLD

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