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MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN vs State Ss — 2024 PCrLJ 33 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 33 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q; S. 164

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

MUHAMMAD ISHAQUE alias BOBI alias HUSSAIN VS State Ss. 302(b), 324 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Confession before police---accused was charged that he along with his co-accused committed murder of the father of complainant along with two others by firing---accused confessed to the offence whilst in police custody, however he was not produced before a Magistrate to record his confession under S. 164, Cr.P.C., despite being produced before a Magistrate for an identification parade---Thus, no reliance on his confession allegedly made before the police could be placed---Moreso, it did not appeal to logic, reason or common sense that the accused would confess to such a serious crime which carried the death penalty whilst in police custody when there was no evidence against him at the time of his arrest---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of reasonable doubt---appeal against conviction was allowed.

Other judgments reported in 2024 PCRLJ

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