KHAISTA MUHAMMAD vs State Ss — 2021 PCrLJ 1323 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PCrLJ 1323 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PCRLJ
Parties: KHAISTA MUHAMMAD vs State Ss
Subject matter: Criminal
Provisions referred to: S. 15---C; S. 164---Q; Khyber Pakhtunkhwa Arms Act (XXIII of 2013); 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

KHAISTA MUHAMMAD VS State Ss. 302(b) & 109---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, abetment, possessing unlicensed weapon---Appreciation of evidence---Delay in recording confessional statement of accused---Scope---Accused was charged for committing murder of his daughter/complainant by firing---In the present case, the confessional statement of the accused had been recorded on 4th day of his arrest---Accused had though stated that such a confession could not be believed once it had been recorded after three days of his arrest, but High Court found the confession in the case to have been voluntarily recorded---Not a rule of law that delayed confession must be discarded in all circumstances---Confessional statement was not only true and voluntary in nature but had also been supported by sufficient corroboratory evidence in the shape of statements of the eye-witnesses as well as recovery of weapon of offence i.e. 30 bore pistol on pointation of the accused---Circumstances established that the prosecution had proved its case against the accused, however due to some compelling circumstances, death sentence was reduced to life imprisonment---Appeal was partially allowed.

Other judgments reported in 2021 PCRLJ

2021 PCrLJ 506 PESHAWAR-HIGH-COURTPROFESSOR AKHTAR KHAN VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 10 & 11---Penal Code (XLV of 1860), S. 109---C…
2021 PCrLJ 1457 KARACHI-HIGH-COURT-SINDHADIL NADEEM VS State S. 497---prevention of electronic Crimes Act (XL of 2016), S. 22---Child pornography---Bail, refusal of---Delayed FIR--…
2021 PCrLJ 119 KARACHI-HIGH-COURT-SINDHSALEEM KHALID VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 20, 21 & 24---Offences against dignity of natural pers…
2021 PCrLJN 83 QUETTA-HIGH-COURT-BALOCHISTANABDULLAH alias KHALIQ DAD VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of crime weapon---De…
2021 PCrLJN 2 QUETTA-HIGH-COURT-BALOCHISTANJAHANZAIB VS State Ss. 11F & 11H---Supply of statements and documents to the accused---Scope---Criminal trial commences with the distributio…
2021 PCrLJN 2 QUETTA-HIGH-COURT-BALOCHISTANJAHANZAIB VS State Ss. 265-E & 221---Plea of guilty---Charge to state offence---Scope---When a person is convicted on a plea of guilty, the…

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