PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

Citation Name: 2024 MLD 2001 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Muhammad Ilyas vs State S — 2024 MLD 2001 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 MLD 2001 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
MLD
Parties
Citation Name: 2024 MLD 2001 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Muhammad Ilyas 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

Citation Name: 2024 MLD 2001 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Muhammad Ilyas VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Appreciation of evidence---Delay of about twelve days in recording the confessional statement of accused---Inconsequential---Accused was charged for committing murder of the brother of complainant by firing---Admittedly, the accused was arrested on 01.02.2023, and his statement under S.164, Cr.P.C, was recorded on 13.02.2023, i.e., after twelve days of his arrest---Judicial Magistrate, who recorded the statement of the accused, was found to have no motive/malice for implicating the accused in the crime---Investigating Officer was not alleged to have induced, pressurized or tortured the accused so as to obtain the confessional statement---Statement as well as cross-examination of the Investigating Officer did not reflect any motive on his part for fabricating false evidence to involve the accused in the crime---Rule of admissibility of a confession prescribed no time for recording the confession if recorded within the period of legal, physical remand with the police---Confession of an accused and its different aspects in each case are to be looked into in light of its attending facts and circumstances, therefore, it is not a rule of universal application that in each and every case, the delay would essentially damage the evidentiary value of confession---No doubt there was a delay of twelve days in recording the confessional statement of the accused, but that by itself was not sufficient to discard the same---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---Appeal against conviction was dismissed, in circumstances.

Other judgments reported in 2024 MLD

Back to the case-law library · Search Pakistani case law in Urdu or English