HALEEM KHAN vs State Ss — 2022 PCrLJ 497 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 PCrLJ 497 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: PCRLJ
Parties: HALEEM KHAN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 164---Q; S. 164; 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

HALEEM KHAN VS State Ss. 302(b) & 324---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Confession, retraction of--- Scope--- Accused was charged for committing murder of his brother, his wife and nephew---Confessional statement of the accused was recorded under S. 164, Cr.P.C., before Judicial Magistrate, which was retracted by him during the trial---Accused was arrested and his confessional statement was recorded after fifteen days---Such delay had not been plausibly explained by the prosecution, which had highly injured its credibility---Perusal of the confessional statement revealed that its maker stated that he was tortured by the police---Torture by the police even for one day casted serious doubt about the voluntariness of the confession---Said piece of evidence was of no help to the prosecution case---Even if the confessional statement of the accused was excluded from consideration, it had been observed that direct evidence in the form of ocular account furnished by eye-witness/injured witness was inspiring confidence, which was supported by the medical evidence---Circumstance established that the prosecution had been successfully proved its case against the accused beyond reasonable doubt---Appeal against conviction was dismissed accordingly. Head NotesCase Description

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