MUHAMMAD WAQIF vs KHOOB NIAZ Ss — 2023 YLRN 28 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.

MUHAMMAD WAQIF VS KHOOB NIAZ Ss. 302, 324 & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence--- Confessional statement, recording of---Scope---Accused was charged for committing murder of the brother of the complainant by firing---Motive for the offence was stated that accused were forbidden from wandering with their enemies---Record showed that the accused soon after his arrest was produced before the court of Judicial Magistrate where he confessed his guilt---Judicial Magistrate appeared before the Trial Court and stated that the accused was produced by the local police for recording his confessional statement---Accused was provided ample opportunity to rethink and recompose himself and that after gaining satisfaction regarding the willingness of the accused to confess, he recorded his confessional statement---Said witness was cross-examined on material aspects of the case but nothing detrimental could be extracted from his mouth and that the Judicial Magistrate fully complied with the guidelines and parameters provided both by the superior courts as well as in the High Court (Lahore) Rules and Orders---Defence could not succeed in inviting the attention of Court to any illegality caused or irregularity commit-ted---After taking into consideration the precautions taken by the Judicial Magistrate and the happy mood of the accused to confess his guilt, there was no doubt that the same was validly recorded and voluntarily made---Sequence in which the accused narrated the events while confessing his guilt was natural and that the record could not persuade that the same was the outcome of influence, coercion or inducement---Circumstances established that the prosecution succeeded in proving its case against the accused without any shadow of doubt---Appeal against conviction was dismissed accordingly. Ss. 302, 324 & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence--- Confessional statement---Scope---Accused was charged for committing murder of the brother of the complainant by firing---Motive for the offence was stated that accused were forbidden from wandering with their enemies---Complainant came forward with a different story and equally true that the accused after his arrest narrated the events in a different manner---However, in the given circumstances the Court was not absolved of the liability to test the veracity of the confessional statement, its voluntary character and the fulfillment of the legal requirements---Court could not ignore that the accused during the days of incident was juvenile and that his confessional statement was the narration of the true events which happened on the preceding night---Nothing was brought on record by the defence to suggest otherwise---Accused while recording his statement before the court of Judicial Magistrate explained in unequivocal terms that the deceased committed sodomy with him and that he was constantly tortured---Confessional statement further explained that after committing sodomy, the accused was still under the influence of the deceased and that after getting an opportunity, he succeeded in killing the deceased to take revenge---After assessing the evidence available on file, the Court reached to an inescapable conclusion that the case against the accused was proved to the hilt and that the impugned judgment did not warrant interference---Appeal being bereft of merit was dismissed.

MUHAMMAD WAQIF vs KHOOB NIAZ Ss — 2023 YLRN 28 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported