ABDUR RAZAQ vs IRFAN AHMED S — 2022 YLRN 108 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

ABDUR RAZAQ VS IRFAN AHMED S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Appreciation of evidence---Confessional statement of accused---Scope---Accused was charged for committing murder of sister of the complainant by strangulation--- Accused in his confessional statement stated that he was in love with co-accused and he asked the deceased for marriage with her, however, the deceased did not agree with his proposal, as such, in order to remove the hurdle from his way, he killed her by strangulation---At the time of commission of offence, some voice created from his mouth, as a result, son of deceased woke up and he threatened him not to disclose the occurrence to anyone otherwise he would kill him---However, the Judicial Magistrate did not observe the procedural formalities before recording the confessional statement, as no second warning was given to accused to ponder over the matter and he was also handed over to Naib Court for onward transmission to judicial custody, thus, such statement could not be held to be voluntary---Circumstances established that the prosecution had failed to prove its case beyond any reasonable doubt against the accused---Appeal against acquittal being devoid of substance was dismissed, in circumstances. Head Notes

ABDUR RAZAQ vs IRFAN AHMED S — 2022 YLRN 108 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported