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

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Citation Name: 2024 MLD 2001 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Muhammad Ilyas VS State S. 302(b)---Criminal Procedure Code (V of 1898), Ss. 164 & 364---Qatl-i-amd---Appreciation of evidence---Confession, retraction of---Scope---Accused was charged for committing murder of the brother of complainant by firing---There was no direct evidence of the crime in question and the main evidence on the basis of which the accused was found guilty of the charge was his own confessional statement, though the accused had retracted his confessional statement during trial---For accepting a confession, two essential requirements must be fulfilled, i.e., the confession was made voluntarily, it was based on true account of facts, leading to the crime, and the same was proved at the trial---Record transpired that the accused was arrested on 01.02.2023 and he recorded his confessional statement under S.164, Cr.P.C, on 13.02.2023 before Judicial Magistrate, who deposed that after fulfilling all legal formalities within the meaning of S.364, Cr.P.C., he recorded the confessional statement of the accused---Sufficient time was given to the accused to think over his confession---Judicial Magistrate had been subjected to lengthy and taxing cross-examination by the defense, but nothing could be extracted from his mouth to prove that the confessional statement of the accused was the result of force, torture, promise, or inducement---Judicial Magistrate while recording the confessional statement of the accused, had taken all the precautions and had faithfully complied with all the formalities as envisaged under S.364, Cr.P.C.---Accumulative effect of all the circumstances led to only one conclusion that the accused made a true judicial confession voluntarily and without any pressure and was fully involved in the matter---After recording his confessional statement, the accused had ample opportunity to retract from his confession, but he remained mum till the conclusion of the trial---Admittedly, the said two essential requirements of the confessional statement had been fulfilled, and through the evidence, it had not only been established to have been recorded voluntarily, but it was proved at the time of trial---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---Appeal against conviction was dismissed, in circumstances.

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

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