ALI AKBER vs State Ss — 2024 MLD 509 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

ALI AKBER VS State Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S.164---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Confessional statement of accused, recording of---Infirmities---Accused was charged that he along with his co-accused committed murder of the deceased---In the present case, Recording Magistrate did not observe the least precautions required under the law---Magistrate did not even follow the guideline as provided by the Supreme Court of Pakistan---Magistrate had deposed in his examination-in-chief that on 05.09.1995 the accused was produced before him and he had given refection time of about four hours but he had not informed accused that if he would not confess the guilt his custody would not be handed over to the Police Officials but he would be sent to jail---In cross-examination, said witness admitted that the confessional statement form was printed one and he had not mentioned in certificate that contents of the confessional statement were accepted by the accused and thereafter he put his thumb impression on it---Magistrate admitted that before signing certificate he put sign on confessional statement and obtained the thumb impression of accused---In the certificate said witness had not mentioned that the statement of accused was made before him voluntarily, and whether the contents of statement were full and true---Second warning in the confessional statement of accused was not mentioned---Witness stated that he could not say whether accused was illiterate or literate---Witness had not mentioned in confessional statement that accused was without fear of any danger, while giving his statement before him---It was also not mentioned in confessional statement that accused was sitting in the chamber of Judicial Magistrate---Identification mark of accused was not mentioned in the confessional form---It was not mentioned in the printed form that Judicial Magistrate verified the CNIC of accused who confessed before him---In certificate the word of "verbatim" was not mentioned by Judicial Magistrate for translation from Sindhi to Urdu and Urdu to Sindhi---From the perusal of confessional statement, it appeared that even Magistrate was not sure whether he had recorded the statement of the accused in open Court or in a chamber---Thus, the confessional statement was of no legal worth to be relied upon and had to be excluded from consideration---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.

ALI AKBER vs State Ss — 2024 MLD 509 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2024 MLD