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NASEER AHMED alias MULLAN vs State S — 2024 PCrLJ 196 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 196 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
NASEER AHMED alias MULLAN vs State S
Subject matter
Criminal
Provisions referred to
S. 7---P; S. 302; S. 161; Penal Code (XLV of 1860)

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

NASEER AHMED alias MULLAN VS State S. 7---Penal Code (XLV of 1860), S. 302(b)---Qanun-e-Shahadat (10 of 1984), Arts. 38 & 39---Qatl-i-amd and terrorism---Appreciation of evidence---Admission in police custody---Effect---Benefit of doubt---Incriminating evidence, absence of---During investigation of some other case accused admitted his involvement in present crime---Accused was convicted by Trial Court for committing murder and was sentenced to imprisonment for life---Validity---Despite having information, investigation officer did not visit and search torture cell where deceased was killed---Such confession reflected that accused was not the person who kidnapped deceased nor murdered him---Any confession before police while in custody was inadmissible in evidence as per Arts. 38 & 39 of Qanun-e-Shahadat, 1984---After arrest of accused, statement under S. 161, Cr.P.C. and evidence of one prosecution witness was managed to book accused falsely in the offence---There were serious doubts in prosecution case regarding involvement of accused in alleged crimes---Rule of benefit of doubt was a golden rule which could not be ignored while dispensing justice---High Court set aside conviction and sentence awarded to accused by Trial Court and acquitted him of the charge as prosecution failed to bring home the guilt of accused beyond reasonable shadow of doubt---Appeal was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

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