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Syed MUHAMMAD ASIF RAEES vs State Ss — 2024 PCrLJ 284 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 284 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
Syed MUHAMMAD ASIF RAEES 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

Syed MUHAMMAD ASIF RAEES VS State Ss. 302(b), 109 & 34---Sindh arms act (V of 2013), S. 23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, abetment, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Confession of accused before the police---accused was charged for committing murder of the father-in-law of the complainant by firing---according to the evidence of Police Constable when the three accused were arrested in an illegal arms case, about three months after the murder of the deceased, one of the accused confessed (no particular accused was named) to the murder of the deceased at the time of his arrest in the arms case at the time when the memo of arrest and recovery was being prepared---Thus, it did not appeal to logic, reason or common sense that the accused would confess to such a serious crime as the present one which carried the death penalty on the spot whilst being arrested in an arms case without even waiting to be interrogated when he reached the police station---Question was as to why the accused was in such a hurry to confess to a capital offence when he was only being booked in an arms case which carried a much lesser sentence when at that time there was no evidence against him in the murder case---In any event a confession before a Police Officer or a Ranger's Official was inadmissible in evidence and was of no legal value---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of reasonable doubt---appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

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