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Syed AFSAR alias RIZVI vs State Ss — 2024 YLR 947 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 947 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
Syed AFSAR alias RIZVI 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

Syed AFSAR alias RIZVI VS State Ss. 302(b) & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Confession, retraction of---accused was charged for committing murder of the nephew of complainant and his friend by firing---Based on the particular facts and circumstances of this case where admittedly the accused had been held in communicado in rangers custody where he originally admitted to numerous crimes for 90 days and the confession itself, which the accused claimed was not voluntary---Thus, it was not safe to rely on the retracted judicial confession and same was to be excluded from consideration---Moreover, it would be impossible for the accused to record such a long and detailed confession whereby he confessed to many murders over a number of years with dates and locations and names of persons concerned in the murder as well as the persons who were murdered---To do so would require a photo graphic memory which the accused did not possess---Furthermore, why would he confess to so many murders which all attracted the death penalty---Said fact did not appeal to logic, reason or common sense---Why would accused confess to the instant murder for which he was charged which happened over 4 years ago when there was no other evidence against him in this case which again did not appeal to logic, reason or common sense---Most likely scenario was that the accused was given the already typed out confession and simply made to sign it---appeal was allowed, in circumstances.

Other judgments reported in 2024 YLR

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