MUHAMMAD YAQOOB vs State Ss — 2023 YLR 1418 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 1418 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: MUHAMMAD YAQOOB vs State Ss
Subject matter: Criminal
Provisions referred to: S. 164---H; S. 164; 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 YAQOOB VS State Ss. 302(b), 363 & 377---Criminal Procedure Code (V of 1898), S. 164---High Court (Lahore) Rules and Order, Vol. III, Chap. 13, R. 5---Qatl-i-amd, kidnapping, unnatural offence---Appreciation of evidence---Benefit of doubt---Judicial confession, recording of---Legally---Prosecution case was that accused allegedly kidnapped the minor son of complainant, committed unnatural offence and then murdered him---Record showed that at the time of judicial confession, the accused was not told by the Judicial Magistrate that his custody would not be handed back to the police after recording of his confession which was in violation of Vol. III Chap. 13, R. 5 of the High Court (Lahore) Rules and Order on the subject---Although Judicial Magistrate stated that after recording of the confession of the accused under S. 164, Cr.P.C., he did not hand over his custody to the police rather the accused was sent to jail through staff of the Court but he was unable to tell the name of any member of his staff who handed over the custody of the accused to the jail authorities---On the other hand, Investigating Officer stated that he took the accused to jail---Circumstances established that the prosecution failed to prove its case against the accused beyond the shadow of doubt---Appeal against conviction was allowed accordingly.

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