State vs AHMED OMAR SHEIKH S — 2021 SCMR 873 SUPREME-COURT

Case information

Citation: 2021 SCMR 873 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: State vs AHMED OMAR SHEIKH S
Subject matter: Criminal
Provisions referred to: S. 164---Q; S. 164

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

State VS AHMED OMAR SHEIKH S. 164---Qanun-e-Shahadat (10 of 1984), Arts. 37, 38, 39 & 40---Confession before the Judicial Magistrate---Judicial Magistrate, powers of---Scope---Legal jurisdiction of the Judicial Magistrate recording the confessional statement of an accused was vested under S. 164, Cr.P.C., which provided wide power to the recording Judicial Magistrate to refuse recording the confession, if it found the same to lack voluntariness---However once, the certificate of correctness was signed, then the jurisdiction to adjudge the relevancy of confessional statement, within the contemplation of Arts. 37, 38, 39 & 40 of the Qanun-e-Shahadat, 1984 vested upon the Trial Court, and not the Judicial Magistrate, who recorded the same.

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