NADEEM QAYYUM vs State Ss — 2022 YLR 1290 ISLAMABAD

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NADEEM QAYYUM VS State Ss. 302(b), 365, 201 & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, kidnapping or abducting with intent to secretly and wrongfully confine person, causing disappearance of evidence, common intention---Appreciation of evidence---Sentence, reduction in---Confessional statement recorded by the Magistrate---Infirmities---Accused was charged that he along with his co-accused committed murder of the son of the complainant---Confessional statements of the accused persons as well as the evidence of the Executive Magistrate showed that procedure adopted for the recording of those statements complied with most of the requirements of S. 164, Cr.P.C., read with the Rules and Orders of the (Lahore) High Court---Significant omission in those statements and in the testimony of the Executive Magistrate was that they did not show that it was explained to the accused persons that after making the statements, they would not be remanded in police custody but would be sent to the judicial lock-up---Magistrate, in his cross-examination, deposed inter alia that he did not tell the accused persons that they would not be handed over to the police after their statements---Said Magistrate also admitted to not having passed any judicial order for remanding the accused persons in judicial custody after the recording of their confessional statements---Said witness deposed that the accused persons were produced before him in police custody and that after recording their statements they were handed over to the police for remand to judicial custody---Investigating Officer in his cross-examination had deposed inter alia that he had not obtained an order from the Magistrate for remanding the accused persons to judicial custody as the said order was already available, however, order for remanding the accused persons to judicial custody after the recording of their confessional statements was not on the record---Such confessions were inadmissible and could not be relied upon---Circumstances established that the present case did not present special features warranting interference in the convictions of the accused persons, however, judicial confession made by the accused persons could not be relied upon, thus reduced the sentence of accused from imprisonment for life to the term already undergone/served by them---Appeal was partly allowed.

NADEEM QAYYUM vs State Ss — 2022 YLR 1290 ISLAMABAD

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