MUHAMMAD SALEEM vs State Ss — 2021 MLD 307 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 307 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: MUHAMMAD SALEEM vs State Ss
Subject matter: Criminal

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

MUHAMMAD SALEEM VS State Ss.302 & 34---Qati-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Confessional statement of co-accused---Scope---Accused were charged for committing murder of the grandson of complainant---Record showed that the co-accused was arrested and remained in police custody for three days---Confessional statement of the co-accused was recorded by Judicial Magistrate---Judicial Magistrate in her statement, stated that accused might have been produced before her earlier---Time was given to co-accused to ponder over his confession and after an hour, the co-accused was produced before the Court for confessional statement by Police Official/witness---Said witness stated that he produced the accused before the Court for recording his confessional statement at 10:00 AM---Statement of Police Official and Judicial Magistrate when read in juxtaposition, it seemed that no proper time was given to the co-accused before recording his confessional statement---Co-accused, after recording confessional statement, was again handed over to the police and the probability that he was under the fear that in case he would not tender his confessional statement, he would be again handed over to police, could not be ruled out---Such confession of the co-accused, which was subsequently retracted, as a rule of caution, must be supported by some connecting/corroborative evidence, which was not available---Appeal against acquittal was dismissed, in circumstances.

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