SARDAR MUHAMMAD vs State S — 2023 PCrLJ 964 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 964 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: SARDAR MUHAMMAD vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

SARDAR MUHAMMAD VS State S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt--- Extra-judicial confession--- Accused was charged for committing murder of his wife, who was daughter of the complainant---In the present case, the extra judicial confession of accused recorded in police custody appeared to be untrustworthy---Extra judicial confession of the accused was recorded on 10th July 2020, while on the fourth day of such disclosures his confessional statement was recorded on 13th July 2020---Now question arose that if the accused recorded his disclosures on 10th July 2020 then as to why he was not produced on the said date before the concerned Judicial Magistrate for recording his confessional statement---In order to eliminate any sort of doubt the Investigating Officer ought to have got recorded such confessional statement on the said date, but it was not done so---Even otherwise, both the disclosure and confessional statement did not corroborate any other piece of evidence---Hence, the element of accused being tortured during investigation could not be ruled out of consideration---Thus, both the confessional and the extra judicial confessional statements of the accused were also not helpful to the case of prosecution, because the same were not corroborating any other piece of evidence---Circumstances established that the prosecution had failed to prove the charge against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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