Citation Name: 2025 PCrLJ 1038 KARACHI-HIGH-COURT-SINDHBookmark this Case Naveed John Bhatti vs State Ss

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Citation Name: 2025 PCrLJ 1038 KARACHI-HIGH-COURT-SINDHBookmark this Case Naveed John Bhatti VS State Ss. 302(b), 397 & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd,robbery or dacoity with attempt to cause death or grievous hurt, common intention---Appreciation of evidence---Confession, retraction of---Scope---Accused were charged for committing murder of the cousin of complainant by firing and robbing saving certificates and a laptop---In the present case, when the retracted judicial confessions were placed in the context of the prosecution case there was no evidence to suggest that they were not voluntarily made or made through inducement or coercion and their object was to tell the truth---Moreover, it was found that all procedural safeguards in recording each of the judicial confessions had been fully complied with and as such reliance could be placed on each of the judicial confessions---Admitted position was that appellant worked in the office of the deceased as it was he who was named in the FIR as being present at the time of the incident and narrating the facts of the incident to the complainant about the murder and robbery by the two unknown persons---Therefore, it initially appeared to the police that said appellant was perhaps a witness and was not arrested---However when the Supreme Court ordered reinvestigation the starting point for the new investigation team was appellant as he was the only person present at the time of the robbery and murder---Moreover, it would also have been impossible for the other appellants to know that the deceased kept a safe in his office without said appellant telling them as other appellants had nothing to do with the office of deceased whereas appellant in question was a trusted employee---Hence when the new investigative team arrested appellant under S.54, Cr.P.C, for suspicion of committing the crime, he cracked and confessed about the robbery and the murder---Having confessed to the police about committing the crime appellant also led the police to his house where on his pointation a saving certificate of Rs. 10 lacs in the name of the deceased was recovered which fully linked him to the robbery and murder---Appellant also implicated other appellant in the crime who got recovered the laptop of deceased which was picked out at an identification parade---Said appellant then implicated his bother/appellant in the crime whom the police arrested on his pointation from whom another saving certificate of 10 lacs was recovered in the name of the deceased which again linked him to the robbery and murder---An unlicensed pistol was also recovered from said appellant within six days after their arrest---All three appellants confessed to the crime before the Judicial Magistrate---Appeal against conviction was dismissed, in circumstances.

Citation Name: 2025 PCrLJ 1038 KARACHI-HIGH-COURT-SINDHBookmark this Case Naveed John Bhatti vs State Ss — 2025 PCrLJ 1038 KARACHI-HIGH-COURT-SINDH

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