SAJJAD KHAN alias Shahzad Khan vs State S — 2025 SCMR 835 SUPREME-COURT

Case information

Citation: 2025 SCMR 835 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: SAJJAD KHAN alias Shahzad Khan vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

SAJJAD KHAN alias Shahzad Khan VS State S. 302 (b)---Qatl-i-amd---Re-appraisal of evidence---Confession of co-accused---Exculpatory statement---Benefit of doubt---Five persons were alleged to have been involved in the case but four were acquitted of the charge---Accused was convicted for committing qatl-i-amd and sentenced to imprisonment for life by Trial Court on the basis of exculpatory confession of one co-accused who appeared as prosecution witness---Validity---Exculpatory confession of co-accused who appeared as prosecution witness was recorded on 19-12-2011 while he was arrested on 13-12-2011---Exculpatory statement was not believed to the extent of co-accused himself, who had been acquitted by Trial Court---Such exculpatory confession which had not been taken into consideration for conviction against its maker, i.e. the co-accused, could not be used against accused---On the basis of same evidence, four co-accused persons had already been acquitted and no appeal had been filed by complainant or the State---Supreme Court extended benefit of doubt to accused, set aside conviction and sentence awarded by Trial Court and acquitted him of the charge, as there was no independent corroboration of evidence to his extent---Appeal as allowed.

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