MUHAMMAD ASHFAQ QURESHI vs State Judicial confession — 2022 YLR 1054 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 1054 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD ASHFAQ QURESHI vs State Judicial confession
Subject matter: Criminal

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

MUHAMMAD ASHFAQ QURESHI VS State Judicial confession--- Retracted---Delay in recording confession---Effect---Retracted confession before Magistrate can be made basis of conviction in a capital case however it must be: (a) voluntary i.e. without threat or inducement and (b) its object must be to state the truth; assistance for which can be ascertained from (i) whether the confession appears truthful within the context of prosecution case and (ii) whether there is any other evidence on record which tends to corroborate truthfulness of the confession and (c) only minor irregularities regarding the rules concerning the recording of judicial confessions can be permitted as determined on a case to case basis, the main criteria being that such irregularities have not adversely affected the voluntariness or truthfulness of the confession---Slight delay in recording the confession after arrest of accused does not affect its legality and ability of Court to rely on the same.

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