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Ghulam Rasool vs State S — 2024 PCrLJ 1752 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 1752 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
Ghulam Rasool vs State S
Subject matter
Criminal
Provisions referred to
S. 302; S. 164---Q; S. 342; 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

Ghulam Rasool VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Appreciation of evidence---Confessional statement of accused---Accused was charged for committing murder of his wife/sister of the complainant by strangulation---Notably the judicial confession of accused was not retracted---Accused simply stated in his S.342 Cr.P.C statement that he gave his statement on the saying of the police---Accused had confessed before the police and when asked by the police he appeared before the Magistrate and recorded his confession---Record showed that all the procedural safeguards were followed by the Judicial Magistrate as required under the law at the time the accused was produced before him for recording his confession and his confession could not have been dictated to him by the police because it was too long and detailed and covered some aspects which the police did not even know about---Confession of accused had been made voluntarily with the object of telling the truth and was in line with the prosecution case especially as matrimonial difficulties/disputes of accused had been corroborated by other evidence and his confession was in line with the prosecution case and thus the Trial Court relied on the judicial confession of accused which found corroboration by the last scene evidence---Slight delay in recording the judicial confession was of no relevance based on the particular facts and circumstances of this case---Circumstances established that the prosecution had proved its case but since the case was based on circumstantial evidence as such death sentence was reduced to life imprisonment---Appeal was dismissed with said modification in sentence.

Other judgments reported in 2024 PCRLJ

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