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Atta Khan vs State Ss — 2024 PCrLJ 1448 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 1448 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
Atta Khan vs State Ss
Subject matter
Criminal
Provisions referred to
S. 342

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

Atta Khan VS State Ss. 302(b), 393 & 34---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Confession, retraction of---Admissibility---Accused were charged for committing murder of the brother of the complainant by strangulation during robbery---As per record one of the accused persons "AH" made a judicial confession, which was later retracted---Retracted confession could be relied upon if it was found to be voluntary and was truthful and fit in with the prosecution case---In the present case, the accused had claimed that his confession was not voluntary and was a result of him being maltreated by the police---No mention of this was made in the statement of accused recorded under S. 342, Cr.P.C, and no sign of maltreatment was seen on him at the time of making his confession---Said accused did not give evidence on oath to support his claim---Accused was not in injured condition at the time of the confession---Confession fully fit in with the prosecution case, namely that an attempt was made to break upon an ATM inside a bank in order to rob it and the bank guard was killed during such attempted robbery---As such it was found that confession was made voluntarily with the object to tell the truth---Appeal of accused persons "AK" and "AH" against conviction was dismissed, in circumstances.

Other judgments reported in 2024 PCRLJ

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