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MUHAMMAD HASSAN vs State S — 2023 MLD 1054 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2023 MLD 1054 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2023
Reporter
MLD
Parties
MUHAMMAD HASSAN vs State S
Subject matter
Criminal
Provisions referred to
S. 302; 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

MUHAMMAD HASSAN VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Appreciation of evidence---Confessional statement of accused---Retraction---Scope---Accused was charged for committing murder of his wife with knife and strangulating her with a dupatta---No doubt, there was delay in recording of confessional statement which was recorded on the last day of his physical remand i.e. 14th day and the same had also been retracted by the accused in his statement under S. 342, Cr.P.C.---However, mere delay in recording the confessional statement or subsequent retraction by the accused from his confessional statement, by itself, was not sufficient to affect its validity because conviction could be based on confession alone even though retracted, if the same was found to be true and voluntary---Circumstances established that the prosecution had proved its case beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances.

Other judgments reported in 2023 MLD

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