AISHA vs State Ss — 2022 YLR 381 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 381 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: AISHA vs State Ss
Subject matter: Criminal
Provisions referred to: S. 164---Q; S. 342; 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

AISHA VS State Ss. 302(b) & 109---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, abetment---Appreciation of evidence---Confession, retraction of---Scope---Accused was charged for abetting her paramour to commit the murder of her husband by firing---Lynchpin of the prosecution case against the accused was the prompt confessional statement of the accused which was later retracted by her---Record showed that prior to the arrest of accused, she never remained in police custody and her custody was handed over to police by the Air Force Official---On the following day, the accused was produced before the Judicial Magistrate at 11.00 a.m.---Accused was given three hours to ponder and thereafter at 2.00 p.m., her confessional statement was recorded---Judicial Magistrate, in support of recording the confessional statement of the accused, had appeared as witness---Said witness was cross-examined at length, however, the cross-examination did not give any impression that the confession recorded by the accused was involuntary or recorded in her absence as she claimed in her statement recorded under S.342, Cr.P.C.---Tone and tenor of confessional statement of the accused found its support from the contents of the FIR, wherein the manner and mode of offence was explained---Circumstances established that the case against the accused for abetting the murder of her husband was duly proved by the prosecution---Appeal against conviction was dismissed accordingly. Head NotesCase Description

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