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; S. 364; 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---Confession, recording of---Infirmities---Effect---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 Judicial Magistrate had not given sufficient time for reflection before recording the statement of the accused under S.164, Cr.P.C. as it was incumbent upon her to have given sufficient time for reflection, i.e. thirty minutes, with three intervals; henceforth by not doing so, Judicial Magistrate failed to observe pre-cautions held necessary before recording confessional statement---Neither the Judicial Magistrate stated a single word in her statement that she gave time for reflection to the accused nor mentioned the time of reflection in her certificate issued beneath the confessional statement of the accused---Judicial Magistrate stated during cross-examination that she recorded the statement of the accused under S.164, Cr.P.C within 15/20 minutes---Investigating Officer stated during cross-examination that Judicial Magistrate recorded the statement of the accused within half hour---Said fact showed that no time for reflection had been given to the accused before recording his statement under S.164, Cr.P.C., as envisaged under S.364, Cr.P.C., therefore the confessional statement of the accused did not appear to be true and voluntary.

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