ALI JAN vs State S — 2023 YLR 89 ISLAMABAD

Case information

Citation: 2023 YLR 89 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: YLR
Parties: ALI JAN vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 164---Q; 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

ALI JAN VS State S. 302(b)---Criminal Procedure Code (V of 1898), S.164---Qatl-i-amd---Appreciation of evidence--- Blind murder--- Proof--- Benefit of doubt---Confessional statement, non-corroboration of--- Motive, failure to prove---Supplementary statement, delay in recording---Accused was convicted by Trial Court who was sentenced to death--- Validity--- Crime related to murder of deceased was unseen and blind---Complainant nominated accused through supplementary statement which was recoded after twenty one days from date of registration of F.I.R.---Motive described by complainant in his supplementary statement could not be proved during trial---Accused in his confessional statement recorded under S. 164 Cr.P.C. gave different version relating to motive and that too did not corroborate with evidence brought on record by prosecution---Accused in his confessional statement stated that he had fired twice from fire arm weapon when deceased had her back towards him---Such version contradicted medical evidence as it described two entry wounds, one on the back and the other on front of body of deceased---Magistrate who recorded statement of accused under S.164, Cr.P.C. did not comply with mandatory requirements prescribed under law---Neither motive described in statement recorded under S. 164, Cr.P.C. nor version stated in supplementary statement belatedly recorded by complainant could be proved---Testimony of complainant did not inspire confidence and prosecution failed to establish its case beyond a reasonable doubt---High Court extended benefit of doubt and set aside conviction and sentence awarded to accused---Appeal was allowed, in circumstances.

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