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RAHEEL vs State Ss — 2024 PCrLJ 121 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 121 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
RAHEEL vs State Ss
Subject matter
Criminal
Provisions referred to
S. 23; S. 7---Q

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

RAHEEL VS State Ss. 302(b), 324, 353, 186 & 34---Sindh arms act (V of 2013), S. 23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, assault and criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention, possession of unlicensed arms, act of terrorism---appreciation of evidence---Benefit of doubt---admission of the accused before the police---Scope---accused being suspected persons were signalled to stop by the police, but they made firing upon the police with the intention to commit their murder, due to which a Police Constable died while an aSI sustained injuries on his body part---accused was arrested when he was stopped by the police three months after the incident in an unlicensed arms case so once again it did not appeal to logic, common sense or reason that he would then freely admit his being involved in the murder of a policemen which carried the death penalty---Said admission before the police was inadmissible in evidence and if it was true it beg the question as to why the confession of accused was not recorded before a Judicial Magistrate---Prior to the alleged admission of accused before the police, the police had no suspect in the murder case and no other evidence to link the accused to the murder---accused was therefore, a convenient escape goat---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt--- appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

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