PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

JABIR ALI SHAH vs BABAR ALI SHAH Ss — 2021 YLRN 44 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLRN 44 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
JABIR ALI SHAH vs BABAR ALI SHAH Ss
Subject matter
Criminal
Provisions referred to
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

JABIR ALI SHAH VS BABAR ALI SHAH Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Confessional statement of accused---Infirmities---Accused was charged that he and co-accused committed murder of the father of complainant---Motive behind the occurrence was that the deceased was annoyed on the friendly relationship of his son/accused with co-accused---Bare perusal of confessional statements of accused persons revealed that the same had been recorded by Judicial Magistrate, who in cross-examination disclosed that accused and co-accused were produced before him on 11.08.2012 and on that very day they did not volunteer to record their confessional statements---Two days physical custody of the accused was granted and on 13.08.2012 i.e. expiry of custody, both the accused were produced before him at 12.30 p.m. through a single application---Scribe had admitted that he had not mentioned that at the time of recording statement of accused, co-accused was made to sit outside the court and similar was the position when the statement of co-accused was being recorded---Certificates of the accused persons, did not specifically mention that Judicial Magistrate read over to them their confessional statements in Pashto or so explained---Investigating Officer, who produced the accused before the Judicial Magistrate for recording their confessional statements, admitted that on the first day of their production the accused were not ready to confess their guilt, therefore, their two days physical remand was obtained---Investigating Officer had produced both the accused for recording their confessional statements at 11.00 a.m. and both remained inside the court room till 3.00 p.m.---Statement of the Investigating Officer was contradictory with the statement of Judicial Magistrate---Confessional statements of accused recorded by the Magistrate, being involuntary and result of torture as well as suffering from mandatory procedural irregularities, were the most suspicious pieces of evidence in the whole case, besides having been retracted---Appeal against conviction was allowed, in circumstances.

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