SORAT KHAN vs State Ss — 2022 YLR 406 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 406 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: SORAT KHAN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q; Explosive Substances Act (VI of 1908); Anti-Terrorism Act (XXVII of 1997)

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

SORAT KHAN VS State Ss. 302, 324 & 427---Explosive Substances Act (VI of 1908), Ss. 3, 4 & 5---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, mischief causing damage to the amount of fifty rupees, causing explosion likely to endanger life or property, keeping explosive with intent to endanger life or property, making or possessing explosives under suspicious circumstances, act of terrorism---Appreciation of evidence---Delay of thirteen days in recording confession after extra-judicial confession---Scope---Accused was charged for causing explosion on the convey of a Judge, due to which one child died and thirty seven persons got injured---Record showed that the confessional statement of accused was recorded after delay of 13 days of the disclosure--- High Court observed that question arose in a prudent mind that if the accused was confessing his guilt by recording his extra judicial confession, the Investigating Officer in order to eliminate any ambiguity should have produced the accused before Magistrate on the said date of recording his confessional statement, but that had not been done so---Such confessional statement being inadmissible in evidence was, therefore, ruled out of consideration---Circumstances established that the prosecution had failed to substantiate the charge against the accused through confidence inspiring evidence---Appeal against conviction was allowed, in circumstances.

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