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

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

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---Confession, recording of---Procedure---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---No precautionary measures, which, in the circumstances of the case, were pre-requisite for recording the confession of a minor accused were observed---Accused, being a minor was provided with no opportunity of counselling, neither by his guardian nor by a lawyer---Judicial Magistrate did not state a single word in his statement as well as in the certificate issued by her that any offer was made to the accused for counselling---Confession of the minor was to be assessed on the same touchstone as to that of the statement of a child witness---Child witness was brought to the dock by relatives while on the contrary child accused was brought to the court by Police Officials for recording his confessional statement where the possibility of tutoring and police fear was always there---Judicial Magistrate did not put the question to the accused that after recording his statement he would not be handed over to police or levies---Judicial Magistrate filled the answers without adhering to the codal formalities and without considering the intellectual level of the minor who was unaware of the consequences of his statement---Judicial Magistrate after recording the statement of the accused under S.164, Cr.P.C handed over the accused to the same levies officials who produced him before her to take him for judicial remand---Confessional statement of the accused in circumstances, was not voluntary and gross illegality was committed by Judicial Magistrate.

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

Case information

Judgment text as reported

Other judgments reported in 2021 YLR