Citation Name: 2025 YLR 757 KARACHI-HIGH-COURT-SINDHBookmark this Case Asif vs State Ss — 2025 YLR 757 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 757 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Citation Name: 2025 YLR 757 KARACHI-HIGH-COURT-SINDHBookmark this Case Asif vs State Ss
Subject matter: Criminal
Provisions referred to: 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 757 KARACHI-HIGH-COURT-SINDHBookmark this Case Asif VS State Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, commom intention---Appreciation of evidence---Confessional statement of the accused---Infirmities---Accused was charged that he along with his co-accused committed murder of the deceased by strangulating his throat with electric wire---Record showed that Investigating Officer produced the appellant before the Magistrate having jurisdiction for recording his confessional statement; such production of the appellant was on 3rd day of his arrest---No explanation for such delay was offered---Judicial Magistrate stated that he recorded the confessional statement of the appellant on the next day of his production before him, wherein the appellant stated that he and acquitted co-accused had committed the death of the deceased by strangulating his throat---Confessional statement of the appellant had been recorded on a computerized printed proforma, containing pre-written questions in English language, which did not satisfy the requirement of law---On asking, Investigating Officer was fair enough to admit that after recording confessional statement of the appellant, his custody was handed over to him for jail---Such fact was against the spirit of law, hence it would be hard to maintain conviction against the appellant on the basis of his judicial confession, which was hit by defects---Appellant had pleaded innocence by denying that he made any judicial confession---In such circumstances, it would be safe to conclude that the prosecution had not been able to prove the involvement of the appellant in present case beyond shadow of reasonable doubt---Appeal against conviction was allowed, in circumstances.

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