JUMARAZ vs State Ss — 2021 YLR 955 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 955 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: JUMARAZ vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---C; S. 164---Q; 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

JUMARAZ VS State Ss. 302 & 376---anti-Terrorism act (XXVII of 1997), S. 7---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, rape, act of terrorism---appreciation of evidence---Delay in recording the confessional statement of accused---Scope---allegation against the accused was that he raped a 5/6 years old girl in an under-construction room on the rooftop of his house and thereafter committed her murder---Confession was recorded with delay of four days, however, said delay would not damage the reliability of the confession in view of its confidence-inspiring nature and its full corroboration by circumstantial evidence on the record---Confession of an accused and its different aspects in each case was to be looked into in the light of its attending facts and circumstances, therefore, it was not a rule of universal application that in each and every case the delay would essentially damage evidentiary value of confession---Circumstances established that prosecution had proved the charge against the accused beyond shadow of reasonable doubt---appeal against conviction was dismissed accordingly.

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