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REHMATULLAH vs State Ss — 2024 SCMR 1782 SUPREME-COURT

Case information

Citation
2024 SCMR 1782 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
REHMATULLAH vs State Ss
Subject matter
Criminal

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

REHMATULLAH VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence---Extra judicial confession of accused before the police---Inadmissible in evidence---There was neither any last seen evidence nor evidence of waj takkar available on the record against the appellants (accused persons)---Prosecution case was based on alleged confession of appellant "MY" before the police while in custody---There was also conflict in the statements of witnesses of extra judicial confession of "MY" regarding the date of making of said confession---Even otherwise confession of an accused before the police while in custody is inadmissible in evidence---Police did not make any effort to produce "MY" before the concerned Magistrate for recording of his judicial confession in accordance with the law---Furthermore complainant was real brother of deceased but he did not enter appearance in the witness box---According to the prosecution, he shifted to some unknown place, therefore, non-bailable warrants of his arrest to compel him to appear before the Trial Court, could not be executed---Prosecution had failed to prove its case against the appellants beyond the shadow of doubt---Appeals were allowed, and the appellants were acquitted of the charges.

Other judgments reported in 2024 SCMR

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