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MEER MUHAMMAD vs State S — 2024 YLR 1548 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 1548 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
MEER MUHAMMAD vs State S
Subject matter
Criminal
Provisions referred to
S. 295; S. 164---W; S. 342; Criminal Procedure Code (V of 1898)

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

MEER MUHAMMAD VS State S. 295(b)---Criminal Procedure Code (V of 1898), S. 164---Willfully defiling, damaging or desecrating a copy of the Holy Quran---Appreciation of evidence---Benefit of doubt---Confession of accused before Magistrate---Infirmities---Accused was charged for throwing the verses of Holy Quran in a muddy nalla---After his arrest the accused was not placed in the lock up of the Police Station but was instead placed in the quarters of SHO who produced him before the Judicial Magistrate to give his confession one day after his arrest---SHO however was not called as a witness---Accused claimed that he was pressurized by the police to confess before the Judicial Magistrate---Evidence of the Judicial Magistrate was particularly unimpressive and it appeared from his evidence that most of the procedural safeguards regarding the recording of the confession were not adhered to---After making his confession accused was handed back to the police and not sent to judicial custody---Confession was made under oath which was impermissible in law---Even the confession itself was somewhat contradictory to the prosecution evidence as in the confession the accused stated that he was arrested by a police party---There was no mention of the eye-witnesses who according to their evidence grabbed hold of him and apprehended him---Thus, voluntariness of the confession was doubtful and as such no reliance could be placed on it---Significantly, no question was put to the accused regarding his judicial confession in his S.342, Cr.P.C statement and the Court could place no reliance on it under such circumstances in convicting the accused---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 YLR

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