Muhammad Ishaq alias Bobi alias Hussain vs State Ss — 2024 MLD 733 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 733 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: Muhammad Ishaq alias Bobi alias Hussain vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---C; S. 164---Q; Criminal Procedure Code (V of 1898)

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 Ishaq alias Bobi alias Hussain VS State Ss. 302(b), 109 & 34---anti-Terrorism act, 1997 (XXVII of 1997), S. 7---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, abetment, common intention, act of terrorism---appreciation of evidence---Judicial confession, retraction of---Judicial confessions made voluntarily after following procedural formalities---accused were charged for committing murder of deceased advocate by firing---Record showed that accused made confession voluntarily---However, it was found that nearly all the procedural safe guards were carried out by the Judicial Magistrate e.g. hand cuffs were taken off, reflection time was given, they were informed of the legal consequences of their confession and they were not handed back to the police and instead went straight to judicial remand after the confession---If there were any procedural defects those were only very minor in nature and would not affect the voluntariness or truthfulness of the confessions---In such eventualities, the retracted judicial confession of both the accused were believable as they were made voluntarily with the object of telling the truth and their contents fit in with the prosecution case and there were no material defects in the manner in which they were recorded by Judicial Magistrate---Evidence of said Judicial Magistrate also fully corroborated the content of the confessions and that all necessary procedural safeguards were adhered to---Circumstances established that the prosecution had proved its case against the accused except under anti-Terrorism act, 1997---appeal was partly allowed in respect of the anti-Terrorism act offences and dismissed in respect of the P.P.C offences.

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