Case Details

Citation(s)
2010 SLG 1258 2010 SLD 1258 2010 MLD 1508

Criminal Appeal No. 20-J of 2003 and C.S.R. No. 76-T of 2007, decision Dated: 24-02-2010. Hearing Dated: 11th, 15th, 16th and 17-02-2010.
MANZOOR AHMAD MALIK, JUSTICE
Petitioner(s) by: Syed Zaman Haider for Yousaf Malik Riaz Khalid Awan, Defence Counsel at State Expense for the remaining
Respondent(s) by: Syed Faisal Raza Bokhari, D.P.G. Shaukat Rafique Bajwa for the Complainant.

SARFARAZ AND ANOTHER

VS

THE STATE

Law:

Section: 34,302(b),392,460

(a) Penal Code (XLV of 1860)--- ----S.302(b)/34, 392/34 & 460---Criminal Procedure Code (V of 1898), S.164---Qatl-e-amd, robbery and house trespass---Appreciation of evidence-Extra-judicial confession---Assessment of---Rule of caution---Evidence of extrajudicial confession being a weak type of evidence and easily procurable in the absence of direct evidence, requires utmost care and caution to be relied upon---Prosecution in order to base conviction on extra judicial confession must prove that the same was actually made voluntarily and truly---Social status, character and influence over the family of the deceased, of the person before whom extra judicial confession is made, are essential considerations for relying upon such evidence. (b) Penal Code (XLV of 1860)--- ----Ss.302(b)/34, 392/34 & 460---Qatl-e-amd, robbery, house trespass---Appreciation of evidence---Incriminating recoveries of stolen property, sharp-edged weapons and blood-stained clothes had been made from the accused---Injuries received by the accused during the incident had connected them with the occurrence---Samples of thumb-impressions of accused had tallied with the finger-prints taken from the various articles lying in the house---Hair of accused had matched with thehair lock of the deceased woman---Circumstantial evidence available on record has led to the irresistible conclusion that the accused had committed the gruesome, sensational, horrible and brutal murders of six persons including children ranging from five to twelve years of age---Overwhelming circumstantial evidence brought on record had left no room for withholding the death sentenceawarded to accused---Convictions and sentences of accused were upheld in circumstances. Muhammad Latif v. The State PLD 2008 SC 503; Khuda Bakhsh v. The State 2004 SCMR 331; Faisal v. The State 2007 SCMR 58; Sheraz Tufail v. The State 2007 SCMR 518; Israr Ali v. The State 2007 SCMR 525; Binyamin alias Khari and others v. The State 2007 SCMR 78; Ghulam Nabi v. The State 2007 SCMR 808 and Akhtar v. The State 2007 SCMR 876 ref. THIS JUDGMENT DELIVERED BY: MANZOOR AHMAD MALIK, J.--- This judgment shall dispose of Criminal Appeal No.20-J of 2003…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492