REHMATULLAH vs State S — 2021 YLR 2366 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 YLR 2366 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: YLR
Parties: REHMATULLAH vs State S
Subject matter: Criminal
Provisions referred to: S. 394---C; S. 164---V; S. 164; 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

REHMATULLAH VS State S. 394---Criminal Procedure Code (V of 1898), S. 164---Voluntarily causing hurt in committing robbery---Appreciation of evidence---Benefit of doubt---Delay of about ten days in recording the confessional statement of the accused---Scope---Accused was charged for taking away the motorbike of the complainant forcibly after tiding his hands and feet with rope and due to resistance of the complainant, his right hand was injured, however accused was apprehended---Record showed that the accused was arrested and he was produced before the Judicial Magistrate after ten days of his arrest for recording his confessional statement under S.164, Cr.P.C.---Said delay had not been plausibly explained by the prosecution, which had highly injured its credibility and the same could not be accepted as confidence inspiring against the accused.

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