AHSAN AHMED vs State Ss — 2022 MLD 63 PESHAWAR-HIGH-COURT

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AHSAN AHMED VS State Ss. 302(b), 324, 337-a(i) & 337-a(ii)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, shajjah-i-mudihah---appreciation of evidence---Confessional statement of accused---Scope---accused was charged for committing murder of the son of complainant and also causing injuries to the complainant---Prosecution had also been banking on confessional statement of the accused but same could not safely be relied upon---Confessional statement of accused had been recorded after five days of his arrest---Such was not only a delayed judicial confession but the accused had been brought before the Judicial Magistrate on the following day of his arrest, who had granted two days custody of the accused---accused was again produced before the Judicial Magistrate and the local police obtained further two days custody of the accused---accused had not confessed his guilt before the Court on both the occasions---When the accused was produced before the Judicial Magistrate, his confessional statement was recorded---Such prolonged custody and repeated productions of the accused before the Judicial Magistrate and taking him back to the Police Station would have naturally produced a state of mind, where the accused might have been under the impression that if he had not made confession, he might again be handed back to the police---Confessional statement in such circumstances could not be stated to be voluntary and it was not a piece of evidence which could safely be relied upon---Circumstances established that the prosecution had proved its case against the accused beyond a shadow of doubt---appeal was dismissed accordingly. Head Notes

AHSAN AHMED vs State Ss — 2022 MLD 63 PESHAWAR-HIGH-COURT

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