Citation Name: 2025 YLR 604 KARACHI-HIGH-COURT-SINDHBookmark this Case Lutaf Ali vs State S — 2025 YLR 604 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 604 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Citation Name: 2025 YLR 604 KARACHI-HIGH-COURT-SINDHBookmark this Case Lutaf Ali vs State S
Subject matter: Criminal
Provisions referred to: S. 302; 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

Citation Name: 2025 YLR 604 KARACHI-HIGH-COURT-SINDHBookmark this Case Lutaf Ali VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Appreciation of evidence---Confession, retraction of---Scope---Accused was charged for committing murder of wife of complainant by causing her knife/dagger injuries---Although confession was retracted at trial, however, reliance could be placed on such retracted judicial confession against its maker if it was found that it was made voluntarily and it was made with the object of telling the truth based on the prosecution case---Minor irregularities in recording the confession before the Judicial Magistrate could be ignored---No evidence was available to suggest that the confession was anything but voluntarily made with the object of telling the truth---Thus, Court believed and placed reliance on the appellant's retracted judicial confession especially as there was no material procedural irregularities in the manner in which the appellant's confession was recorded in that he was produced before the Magistrate and was aware of that fact, his hand cuffs were removed, no police men was in the room, he was given adequate reflection time, he was told that his confession could be used against him in evidence in a Court of law, he was checked for evidence of maltreatment and none was found, he was not handed back to the police after his confession and was handed over to judicial custody after making his confession---Appeal against conviction on two counts was dismissed except his acquittal to the extent of the murder of the unborn child.

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