ABID vs State Ss — 2024 PCrLJ 790 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PCrLJ 790 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PCRLJ
Parties: ABID vs State Ss
Subject matter: Criminal
Provisions referred to: 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

ABID VS State Ss. 302(b), 363, 365-a, 376(ii) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, kidnapping, kidnapping or abducting with intent to secretly and wrongfully confine person, kidnapping or abducting a person under the age of fourteen, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Confession of the accused before the police---Not admissible---accused were charged for committing rape with the daughter of the complainant after kidnapping her---Record showed that accused confessed to the crime whilst in police custody and implicated the other accused persons as his co-accused who were then arrested however no effort was made to bring said accused or any other of the accused persons to record their judicial confessions before a Magistrate despite them attending an identification parade before a Judicial Magistrate---Thus, the manner in which the accused persons were involved in the case casted doubt on the prosecution case---Circumstances established that the prosecution failed to prove its case against the accused persons beyond shadow of any doubt---appeal against conviction was accordingly allowed.

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