KHALID MEHMOOD vs State S — 2022 YLR 522 FEDERAL-SHARIAT-COURT

Case information

Citation: 2022 YLR 522 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2022
Reporter: YLR
Parties: KHALID MEHMOOD vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 17; S. 164---Q; 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

KHALID MEHMOOD VS State S. 302(b)---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, haraabah---appreciation of evidence---Confessional statement of accused--- Infirmities--- accused was charged for committing murder of the deceased/ complainant while snatching money---Record showed that in cross-examination Judicial Magistrate admitted not to have asked any question other than mentioned in the questionnaire---after recording confessional statement, Judicial Magistrate committed the accused to judicial custody through Naib Court--- Judicial Magistrate admitted that the confessional statement was not written by him by his hand but was scribed by the steno of the Court on his dictation---admittedly, Recording Magistrate had provided only one opportunity with a single warning for reflection---Usually, the Naib Court was in the uniform, thus shifting of the confessor through a Naib Court also offended the pre-caution---By not providing two opportunities for reflection with intervals intentionally violated the directions rendered by the Supreme Court---Presence of Court Official and writing the confession by him without offering explanation and such fact not contained in the certificate made the entire proceedings of confessional statement un-voluntary and erroneous, making the same inadmissible---Circumstances established that the prosecution had failed to bring home the charge against the accused---appeal against conviction was allowed, in circumstances.

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