NAJEEB ULLAH vs State S — 2022 YLR 838 PESHAWAR-HIGH-COURT

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NAJEEB ULLAH VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Juvenile Justice System Ordinance (XXII of 2000), S. 2(b)---Qatl-i-amd--- Appreciation of evidence---Recording statement of juvenile accused---Scope---Accused was charged for committing murder of the deceased---Record showed that accused had been a juvenile of the age of less than 16 years at the time of commission of the offence---Challan against him was submitted before juvenile court and he had been tried as a juvenile---Age of accused had been shown as 16 years in the charge framed which had nowhere been disputed by the prosecution---Nothing was available on record to suggest that either any intimation or information had been given to any guardian of the accused at the time of his arrest or before recording of his confession or that he had ever been provided a counsel at the time of his arrest or at the time of recording his confessional statement---Accused had been arrested and produced for recording his confession before the Magistrate after three days but nowhere it could be shown that he had ever been provided any counsel or an opportunity of consulting with his guardian---No extra care or caution appeared to have been taken by the Judicial Magistrate in the case while recording confession of the accused---Accused had just been given a short period of 30 minutes for pondering over his confession and then the confession had been recorded in a mechanical manner---Such a time span of 30 minutes was insufficient to remove the fears and apprehensions from his mind which might have been inculcated in his mind by the long police custody---In the given circumstances, confessional statement of the accused could not be relied upon so as to maintain a conviction on a capital charge---Circumstances established that the prosecution had not been able to bring home guilt of the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

NAJEEB ULLAH vs State S — 2022 YLR 838 PESHAWAR-HIGH-COURT

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