Case Details

Citation(s)
2004 SLG 2730 2004 SLD 2730 2004 PLD 194
Sindh High Court
Jail Special A.T.A. No. 3 of 2000, decided on 28th October, 2003, DATE of hearing: 5th March, 2003.
SARMAD, JALAL OSMANY AND WAHID BUX BROHI, JJ
S.K. Jatoi for Appellant. Habib Ahmad, A.A.G. for the State.

SAMEER SARWAR UMAIR

VS

THE STATE

Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 365-A---Anti-Terrorism Act (XXVII of 1997), S.7(1)(a)--­Appreciation of evidence---Judicial confession of accused though recorded belatedly after twenty days of his arrest could not negate its contents, as the same had been voluntarily made---No doubt the said confession had been retracted, but it was corroborated by medical evidence, pointation to the police by the accused of the places where the deceased was confined and subsequently killed, matching of the crime empties secured from the scene of crime with the pistol recovered from the accused and the fact of the deceased having been last seen with the accused---Demand for ransom was also made while the deceased was in the custody of the accused---Deceased, thus, was kidnapped by the accused for no other reason than ransom--­Conviction and sentence of death of accused were confirmed in circumstances. Qadir Baksh v. The State PLD 1981 Kar. 581; Manzoor v. The State PLD 1973 Lah. 714; Tooh v. The State 1975 PCr.LJ 440; The State v. Muhammad Naseer 1993 SCMR 1822; Pinvo v. The State .PLD 1961 (W.P.) Kar. 720; Muhammad Rafique v. The State 1992 PCr.LJ 2119; Mst. Naseem Akhtar v. The State 1999 SCMR 1744; Haq Nawaz v. The State 2000 SCMR 785; Nasreen Akhtar v. The State 2000 SCMR 1635; Ahmed Hassan v. The State 2001 SCMR 505; Najeeba v. Ahmad Sultan 2001 SCMR 988; Tarique Mehmood v. The State 2002 SCMR 1493; Mst. Rubina Bibi v. The State 2001 SCMR 1914; The State v. Farman Hussain PLD 1995 SC 1 and Khan Muhammad v. The State 1999 SCMR 1818 ref. (b) Criminal Procedure Code (V of 1898)----- ----S. 164---Judicial confession---Belated confession---Delay in recording the confessional statement by itself cannot negate the same, if otherwise it is proved to have been yoluntarily made. Ahmed Hassan v. The State 2001 SCMR 505 and Khan Muhammad v. The State 1999 SCMR 1818 ref. JUDGMENT SARMAD JALAL OSMANY, J.---This Appeal has been filed against the judgment of the learned Anti-Terrorism Court No.5. Karachi, whereby the appellant has been found guilty of committing the crime of abduction for ransom punishable under section 365-A, P.P.C, read with section 7(1) (a) of the Anti-Terrorism…
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