Hafiz OBAIDULLAH vs State S — 2022 YLR 2070 QUETTA-HIGH-COURT-BALOCHISTAN

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Hafiz OBAIDULLAH VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Appreciation of evidence---Confessional statement, recording of---Accused was charged for committing murder of the brother of the complainant---Record showed that the accused was arrested on 26.12.2019 and was produced before the Judicial Magistrate for taking remand on 27.12.2019---After remaining in police custody for fourteen days, accused recorded his confessional statement---No evidence was available on record to remotely show that the accused was subjected to any torture, inducement or promise---Judicial Magistrate, who had recorded the confessional statement of the accused, deposed that after fulfilling all legal formalities within the meaning of section 364, Cr.P.C., he recorded the confessional statement of the accused---Sufficient time was given to the accused to think over his confession---Replies of the accused to the questions left no room for any doubt that his confessional statement was involuntary or the result of torture, force, inducement or promise---Judicial Magistrate had been subjected to lengthy and taxing cross-examination by the defence, but nothing could be extracted from his mouth to prove that the confessional statement of the accused was the result of force, torture, promise or inducement---Judicial Magistrate while recording the confessional statement of the accused had taken all the precautions and had faithfully complied with all the formalities as envisaged under S.364, Cr.P.C.---Chain of circumstances brought on record by the prosecution fully corroborated the confessional statement of the accused---Accused remained unable to give a plausible explanation for his false involvement by the complainant and the witnesses---Prosecution had proved its case beyond any shadow of doubt, however, the death penalty was altered into imprisonment for life, in circumstances---Appeal was dismissed with said modification in sentence.

Hafiz OBAIDULLAH vs State S — 2022 YLR 2070 QUETTA-HIGH-COURT-BALOCHISTAN

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