JANNAT BIBI vs State Ss — 2022 MLD 738 QUETTA-HIGH-COURT-BALOCHISTAN

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JANNAT BIBI VS State Ss.302(b) & 34---Criminal Procedure Code (V of 1898), S.164---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Extra judicial confession and the confessional statements of the accused---Scope---Accused were charged for committing murder of the son of the complainant by firing---In the present case, the extra judicial confession and the confessional statements of the accused persons appeared to be untrustworthy---Extra judicial confession of the accused was recorded and on the sixth day of such disclosures their confessional statements were recorded---Now question arose that if the accused recorded their disclosures then why they were not produced on the said date before the concerned Judicial Magistrate for recording their confessional statements---High Court observed that in order to eliminate any sort of doubt, the Investigating Officer ought to have got recorded such confessional statements on the said date, but it was not done so---Even otherwise, both the disclosures and confessional statements were not corroborating other evidence---Accused, on the following day of recording the alleged confessional statements, through their counsel approached the Trial Court through application under S.22-A(6)(II), Cr.P.C. and apprised the situation that the accused were tortured, but the said applications were rejected by the Trial Court---Element of torture to the accused during investigation could not be ruled out of consideration---Both the confessional and the extra judicial confessional statements of the accused were also not helpful to the case of prosecution, because the same were not corroborated by any other piece of evidence---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

JANNAT BIBI vs State Ss — 2022 MLD 738 QUETTA-HIGH-COURT-BALOCHISTAN

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