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AJAB KHAN vs State S — 2022 SCMR 317 SUPREME-COURT

Case information

Citation
2022 SCMR 317 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
AJAB KHAN vs State S
Subject matter
Criminal
Provisions referred to
S. 9; 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

AJAB KHAN VS State S. 9(c)---Criminal Procedure Code (V of 1898), Ss. 164 & 364---Possession and transportation of 19 kilograms of charas---Reappraisal of evidence---Judicial confession before Magistrate---Use of a printed proforma for recording confession of accused---Propriety---Two days after of the occurrence, the accused had made a confessional statement before the Judicial Magistrate in which he confessed his guilt and stated that because of poverty he had committed the crime---Printed proforma was only a memorandum of enquiry through which some basic questions were asked from the accused---Confessional statement of the accused was separately recorded and not on a printed proforma---Certificate issued by the Magistrate in such regard clearly showed that although the accused gave the statement in Pashto language but the same was translated and read over to him---Accused was also given 30 minutes time to think over before recording his confessional statement---Judicial Magistrate who had recorded the statement of the accused had also appeared before the Trial Court as a witness and had duly testified the same; he was cross-examined at length but nothing favourable to the accused could be brought on record---Petition for leave to appeal was dismissed, leave was refused and conviction and sentence recorded against the accused was maintained.

Other judgments reported in 2022 SCMR

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