UMAIR SHOUKAT vs State Ss — 2021 YLR 2224 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 2224 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: UMAIR SHOUKAT vs State Ss
Subject matter: Criminal
Provisions referred to: S. 377---K; S. 53---S; S. 164-B; Penal Code (XLV of 1860); Welfare Act (XIII of 2010)

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

UMAIR SHOUKAT VS State Ss. 164-B & 497---Penal Code (XLV of 1860), S. 377---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), S. 53---Sodomy and sexual abuse---Bail, grant of---DNA test, non-conducting of---Confessional statement---Completion of investigation---Accused was juvenile offender who was arrested for committing sodomy---Prosecution relied upon confessional statement of accused alleged to have been made during investigation--- Validity--- No compliance with S.164-B, Cr.P.C. was made as no samples for DNA test were obtained either from accused or victim---Word 'shall' was used in S.164-B, Cr.P.C. making its applicability mandatory---Prosecution was to keep in mind such aspect in the best interest of accused as well as the victim---Investigation was complete and accused was no more required to prosecution for such purpose, therefore, his further incarceration in jail would serve no useful purpose---Confessional statement was not recorded in the manner as ordained by Supreme Court and veracity of the same would be seen by Trial Court after recording of evidence of prosecution---Bail was allowed in circumstances.

Other judgments reported in 2021 YLR

2021 YLR 110 QUETTA-HIGH-COURT-BALOCHISTANDEPUTY COMMISSIONER (REVENUE)/COLLECTOR VS MEHRULLAH KHAN. Ss. 18 & 23 - Reference to court - Enhancement of compensation - Referee Judge en…
2021 YLR 90 QUETTA-HIGH-COURT-BALOCHISTANRAKHSHANDA JAMAL VS SHAHID-UL-HASSAN. Art. 199 - Constitutional petition - Maintainability - Pendency of criminal proceedings - Petitioner s…
2021 YLR 2068 PESHAWAR-HIGH-COURTGHULAM MUHAMMAD VS REGIONAL COMMISSIONER FOR FEDERAL OMBUDSMAN, PESHAWAR ambiguity, avoiding of---Principle---Each and every part of statute…
2021 YLR 328 ISLAMABADMUHAMMAD NAWAZ VS State S. 497---Penal Code (XLV of 1860), Ss. 406, 468, 471 & 109---prevention of electronic Crimes Act (XL of 2016), Ss. 1…
2021 YLR 2033 PESHAWAR-HIGH-COURTMUHEEB ULLAH VS State absconsion---Scope---Conviction of an accused could not be based on his abscondence when otherwise the prosecution fai…
2021 YLR 1560 PESHAWAR-HIGH-COURTMEHBOOB-UR-REHMAN VS State S. 497---Penal Code (XLV of 1860), S. 149--- Bail--- Common object---Vicarious liability---Scope---Question of vi…

Back to the case-law library · Search Pakistani case law in Urdu or English