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---Delay of fourteen days in recording confessional statement---Scope---Accused was charged for committing murder of the brother of the complainant---Confessional statement of the accused had been recorded with a delay of fourteen days---Admittedly the accused was arrested and his statement under S.164, Cr.P.C. had been recorded on 10.01.2020---Judicial Magistrate, who recorded the statement of the accused was found to be having no motive/malice for implicating the accused in the crime---Investigating Officer was not alleged to have induced, pressurized or tortured the accused so as to obtain the confessional statement---Statement of Investigating Officer as well as cross-examination did not reflect any motive on his part for fabricating false evidence to involve the accused in the crime---Since the rule of admissibility of a confession prescribed no time for recording the confession, if recorded within the period of legal, physical remand with police---Confession of an accused and its different aspects in each case were to be looked into in the light of its attending facts and circumstances---Delay would essentially damage the evidentiary value of confession was not a rule of universal application---No doubt that there was a delay of fourteen days in recording the confessional statement of the accused, but that by itself was not sufficient to discard the same---Circumstances established that the 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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