SHER AHMED vs State Ss — 2025 SCMR 1717 SUPREME-COURT

Case information

Citation: 2025 SCMR 1717 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: SHER AHMED vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---C; S. 164---Q; 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

SHER AHMED VS State Ss. 302(b), 365-a & 34---anti-Terrorism act (XXVII of 1997), S. 7---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, kidnapping or abducting for extorting property, valuable security, etc., common intention---Reappraisal of evidence---Benefit of doubt---Delay in recording confessional statements of accused---Consequential---accused-appellant were charged for committing murder of the minor son of complainant after kidnapping him for extorting money---Record showed that one accused was arrested on 05.07.2012 while other on 06.07.2012---accused had remained in the police custody for a considerable time and their confessional statements were recorded on 11.07.2012---Nothing was available on record to explain the delay in recording the judicial confessions---Delayed confessional statement lost its evidentiary value the longer an accused remained in the custody of the police---Circumstances established that the prosecution had failed in its obligation to prove the case against the appellants beyond a reasonable doubt---appeal against conviction was allowed, accordingly.

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