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ABDUL AHAD alias IDRESS vs State Ss — 2021 PCrLJN 79 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJN 79 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
ABDUL AHAD alias IDRESS vs State Ss
Subject matter
Criminal
Provisions referred to
S. 5---P; S. 13---A; S. 7---C; S. 164---A; Explosive Substances Act (VI of 1908); Pakistan Arms Act (XX of 1965); Anti-Terrorism Act (XXVII of 1997); 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

ABDUL AHAD alias IDRESS VS State Ss. 324, 353, 427, 148 & 149---Explosive Substances Act (VI of 1908), S. 5---Pakistan Arms Act (XX of 1965), S. 13---Anti-Terrorism Act (XXVII of 1997), S. 7---Criminal Procedure Code (V of 1898), S. 164---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his public duty, mischief causing damage to amount of fifty rupees, rioting armed with deadly weapon, unlawful assembly, making or possessing explosives under suspicious circumstances, possession of illegal weapons, act of terrorism---Appreciation of evidence---Benefit of doubt---Delay of twenty days in recording the confessional statement of accused---Effect---Prosecution case was that the accused and co-accused persons started firing on police party as well as the then Minister's vehicle, resultantly, five persons received injuries on different parts of their bodies, hence the FIR---Record showed that accused was formally arrested by the Investigating Officer and his confessional statement had been recorded after 20 days of his arrest in the case---Accused stated that he had remained in custody of the police for 15 days while his additional custody of 20 days had been obtained by the police---Accused had remained in police custody for a total of 35 days but even if counted his custody with Investigating Officer of the case was also not less than 20 days---Judicial Magistrate who had recorded confession of accused had also stated in his cross-examination that the accused had remained in police custody for almost 35 days---Confession of the accused in circumstances could not be said to have been voluntarily recorded,for the simple reason that the accused had remained in police custody for extra-ordinarily long time and the element of coercion, threat and torture for procuring his confession could not be ruled out---Circumstances established that the prosecution had not proved its case against the accused beyond reasonable doubt--- Appeal against conviction was allowed, in circumstances. [Para. 6 of the judgment]

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